Thompson v. Rosario

Full title: MARIO THOMPSON, Plaintiff, v. DAVID ROSARIO, Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 20, 2013

2:12-cv-0776 KJM DAD P (E.D. Cal. Dec. 20, 2013)

Opinion

MARIO THOMPSON, Plaintiff, v. DAVID ROSARIO, Defendants. No. 2:12-cv-0776 KJM DAD P United States District Court, E.D. California. December 20, 2013

          ORDER

          DALE A. DROZD, District Judge.

         Plaintiff is a state prisoner proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983.

         On September 27, 2013, counsel on behalf of defendant Rosario filed a motion for summary judgment, arguing that defendant Rosario is entitled to judgment as a matter of law with respect to plaintiff's excessive force claim against him. On October 28, 2013, plaintiff filed a motion seeking a thirty (30) day extension of time to file an opposition to defendant's motion, which the court granted. (Doc. Nos. 36 & 37.) However, that thirty day period has since expired, and plaintiff has not filed his opposition or otherwise responded to defendant's motion for summary judgment.

         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...." On December 10, 2012, plaintiff was advised of the requirements for filing an opposition to a motion for summary judgment¹ and that failure to oppose such a motion may be deemed a waiver of opposition to the motion.

1 The court will attach the requirements for opposing defendant's motion for summary judgment to this order.

         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." In the order filed December 10, 2012, plaintiff was advised that failure to comply with the Local Rules may result in a recommendation that the action be dismissed.

         Good cause appearing, IT IS HEREBY ORDERED that, within fourteen (14) days of the date of this order, plaintiff shall file an opposition, if any, to the defendant's motion for summary judgment. Failure to file an opposition will be deemed as a statement of non-opposition to the pending motion and shall result in a recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).