Bobby Lee Collins v. Kurgan, et al.

Summary

In this order, the United States District Court for the Eastern District of California directs plaintiff Bobby Lee Collins to file an opposition to defendants' motion for summary judgment within 30 days. The court warns that failure to respond will be deemed consent to dismissal for lack of prosecution and failure to comply with court rules and an order, with a recommendation for dismissal under Federal Rule of Civil Procedure 41(b).

Holdings

1. Under Eastern District of California Local Rule 230(l), a responding party's failure to file written opposition or a statement of no opposition may be deemed a waiver of opposition to the motion.
2. If plaintiff failed to file an opposition within thirty days, the failure would result in a recommendation that the action be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with the Federal Rules of Civil Procedure and a court order.

Questions Presented

1. Whether plaintiff's failure to oppose defendants' summary-judgment motion could be deemed a waiver under Eastern District of California Local Rule 230(l).
2. Whether plaintiff's failure to file an opposition within the court-ordered period would support a recommendation of dismissal for failure to prosecute and failure to comply with the Federal Rules of Civil Procedure and a court order under Federal Rule of Civil Procedure 41(b).

Disposition

other