Smiley
(PC) Borbon v. Smiley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICARDO BORBON, No. 2: 19-cv-1464 KJN P Plaintiff, v. ORDER D. SMILEY, et al., Defendants. 16 On December 20, 2019, defendants filed a motion summary judgment pursuant to Federal Rule of Civil Procedure 56 alleging that plaintiff failed to exhaust administrative remedies. Plaintiff has not opposed the motion. 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 . . . .” Id. On November 21, 2019 and December 20, 2019, plaintiff was advised of the requirements for filing an opposition to a motion and that failure to oppose such a motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). Local Rule 110 provides that…