1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 NORA DE JESUS OLIVERA Case No.: 20cv440-LAB (JLB) HERNANDEZ 12 ORDER OF DISMISSAL Plaintiff, 13 v. 14 KEVIN MCALEENAN, et al. 15 Defendants. 16

17 18 Defendants filed a motion to dismiss for lack of jurisdiction, with a hearing 19 date of January 19, 2021. Plaintiff, who is represented by counsel, has filed no 20 opposition as required by Civil Local Rule 7.1(e)(2). Under Civil Local Rule 21 7.1(f)(3)(c), failure to file an opposition can constitute consent to the motion’s or 22 request’s being granted. Furthermore, jurisdiction is presumed to be lacking, until 23 the party invoking the Court’s jurisdiction — here, Plaintiff — establishes it. See 24 Kokkonen v. Guardian Life Ins. Co. of Am.,

(1994). 25 The Court construes Plaintiff’s non-opposition as her consent to granting of 26 the motion. Moreover, after jurisdiction was challenged, Plaintiff did not meet her 27 burden of establishing it. 28 / / / 1 This action is DISMISSED WITHOUT PREJUDICE BUT WITHOUT LEAVE 2 AMEND, for lack of subject matter jurisdiction. 3 4 IT IS SO ORDERED. 5 ||Dated: January 12, 2021 6 ( tw 4. (By Wy 7 Honorable Larry Alan Burns 8 Chief United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28