IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 23, 2011
TONY ASBERRY, PLAINTIFF,
MATTHEW CATE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
On June 6, 2011, defendants filed a motion to dismiss a portion of this action, pursuant to Federal Rule of Civil Procedure 12(b), and Local Rule 230(m). Defendants seek to dismiss plaintiff's Eighth Amendment claim against defendant Phelps. Plaintiff has not opposed the motion.
Local Rule 230(l) provides in part: "Failure of the responding party to file written opposition or to file a statement of no opposition may be deemed a waiver of any opposition to the granting of the motion . . . ." On March 29, 2011, plaintiff was advised of the requirements for filing an opposition to the motion and that failure to oppose such a motion may be deemed a waiver of opposition thereto.
Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." In the order filed March 29, 2011, plaintiff was advised that failure to comply with the Local Rules may result in a recommendation that the action be dismissed.
Good cause appearing, IT IS HEREBY ORDERED that:
1. Within thirty days after the filing date of this order, plaintiff shall:
(a) Show cause in writing why he did not timely file an opposition or statement of non-opposition to defendants' motion to dismiss; and
(b) File an opposition, or statement of non-opposition, to the motion to dismiss.
2. Failure to timely comply with this order will result in a recommendation that the subject claim be dismissed, and the issuance of an order to show cause why this action should not be dismissed in its entirety.
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