(PC) Morris v. Modhaddam

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA CONDALEE MORRIS, No. 2: 18-cv-2850 MCE KJN P 12 Plaintiff, 13 v. ORDER G. MODHADDAM, et al., 15 Defendants.

17 On June 1, 2020, defendant Moghaddam filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff did not oppose the motion.1 19 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 . . . .” Id. On October 26, 2020 and June 1, 2021, plaintiff was advised of the requirements for filing an opposition to a motion and that failure to oppose such a motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).

25 //// 1 On June 14, 2021, the court granted the motions for summary judgment filed by defendants Bishop and Tesluk. (ECF No. 100.) Defendant Moghaddam is the remaining defendant in this action.

1 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.” Id. In the order filed October 26, 2020, plaintiff was also advised that failure to | comply with the Local Rules may result in a recommendation that the action be dismissed.

5 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 6 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 7 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 8 dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as 9 an adjudication on the merits.

10 |} Id. 11 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date || of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.

13 || Failure to file an opposition will be deemed as consent to have the: (a) the remaining claims | against defendant Moghaddam dismissed for lack of prosecution; and (b) the remaining claims || against defendant Moghaddam dismissed based on plaintiff's failure to comply with these rules || and acourt order. Such failure shall result in a recommendation that this action be dismissed || pursuant to Federal Rule of Civil Procedure 41(b).

18 || Dated: July 9, 2021 19 Ad 20 KENDALL J. Wha UNITED STATES MAGISTRATE JUDGE Mo2850.nop