Opinion
2:19-cv-1359 JAM DB
07-28-2021
EDDIE LAMAR DUNBAR, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendant.
ORDER
DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE
Plaintiff is a state inmate proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that officers used excessive force against him, denied him medical treatment, and threatened him.
On April 27, 2021, defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. (ECF No. 34.) Plaintiff has not opposed the motion.
Local Rule 230(1) 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 February 22, 2021 plaintiff was advised of the requirements for filing an opposition to the motion and that failure to oppose such a motion may be deemed a waiver of opposition to the motion. (ECF No. 33 at 6.)
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 February 22, 2021, plaintiff was advised that failure to comply with the Local Rules may result in a recommendation that the action be dismissed. (ECF No. 33 at 8.)
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).