Aamir Saladin Rushdan v. Y. Mansour, et al.

United States District Court for the Eastern District of California

Aamir Saladin Rushdan v. Y. Mansour, et al.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AAMIR SALADIN RUSHDAN, No. 2:24-cv-2183 CSK P

12 Plaintiff,

13 v. ORDER 14 Y. MANSOUR, et al., 15 Defendants. 16 17 On October 31, 2025, defendant Y. Mansour filed a motion for summary judgment 18 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 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 April 15, 2025, plaintiff was advised of 22 the requirements for filing an opposition to a motion and that failure to oppose such a motion may 23 constitute grounds for denial of the motion. (ECF No. 22 at 7-8 (citing Woods v. Carey,

684 F.3d 24 934

(9th Cir. 2012); 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 5 || 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 7 || 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 9 || pursuant to Federal Rule of Civil Procedure 41(b). 10 11 || Dated: December 9, 2025 4 aA 1 Cnn Spo \L CHI S00 KIM 13 UNITED STATES MAGISTRATE JUDGE 14 || Asush2183.nop 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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