Bobby Lee Collins v. Kurgan, et al.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA BOBBY LEE COLLINS, No. 2:23-cv-1600 CSK P 12 Plaintiff, 13 v. ORDER KURGAN, et al., 15 Defendants.

17 On August 5, 2025, defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff did not oppose the motion.

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 . . . .” Local Rule 230(l). On August 5, 2025, defendants provided to plaintiff 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. (ECF No. 59-4 (citing Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc)).)

25 Rule 41(b) of the Federal Rules of Civil Procedure provides: 26 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 27 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 28 dismissal not under this rule—except one for lack of jurisdiction, ] improper venue, or failure to join a party under Rule 19—operates as 5 an adjudication on the merits.

3 || Fed. R. Civ. P. 41(b).

4 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.

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

11 || Dated: September 17, 2025 4 aA 1 Cnn Spo \L CHI S00 KIM 13 UNITED STATES MAGISTRATE JUDGE || ‘vcoll1600.nop