1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISAIAH GARONE, No. 2:22-cv-2310 DAD CSK P 12 Plaintiff, 13 v. ORDER 14 GLADYS MENCIAS, 15 Defendant. 16 17 On October 24, 2025, defendant filed a motion for summary judgment pursuant to Federal 18 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 20 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 21 the granting of the motion . . . .” Local Rule 230(l). On October 24, 2025, plaintiff was advised 22 of the requirements for filing an opposition to a motion and that failure to oppose such a motion 23 may be deemed a waiver of opposition to the motion. (ECF No. 35 at 2 (citing Rand v. Rowland, 24

(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 5 || of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (ECF 6 || No. 35.) Failure to file an opposition will be deemed as consent to have the: (a) action dismissed 7 | for lack of prosecution; and (b) action dismissed based on plaintiff's failure to comply with these g || rules anda court order. Said failure shall result in a recommendation that this action be dismissed 9 || pursuant to Federal Rule of Civil Procedure 41(b). 10 11 || Dated: December 2, 2025 4 aA 1 Cn Ye \L CHI SOO KIM 13 UNITED STATES MAGISTRATE JUDGE 14. |] /1/garo2310.nop.msj 15 16 17 18 19 20 21 22 23 24 25 26 27 28