Opinion
No. 1:06-cv-00723-DGC.
October 1, 2009
ORDER
On August 21, 2009, Defendant Cooke filed a motion to dismiss the amended complaint on the ground that Plaintiff failed to exhaust administrative remedies. Dkt. #28. Plaintiff shall file a response to the motion by October 30, 2009. Defendant may file a reply by November 13, 2009. Plaintiff is advised that if he fails to comply with this order, the Court may dismiss the action with prejudice. See Fed.R.Civ.P. 41(b); see Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992); Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995).
IT IS ORDERED:
1. Plaintiff shall file a response to Defendant's motion to dismiss (Dkt. #28) by October 30, 2009.
2. Defendant may file a reply by November 13, 2009.
3. This action may be dismissed if Plaintiff fails to comply with this order.