Brevick
(PC) Perry v. Brevick
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACK LEE PERRY, No. 2: 21-cv-0065 WBS KJN P Plaintiff, v. ORDER BREVICK, et al., Defendants. 16 On January 6, 2023, defendants filed a motion for partial summary judgment, pursuant to Federal Rule of Civil Procedure 56, on the grounds that plaintiff failed to exhaust administrative remedies as to his claims against defendant Moran. Plaintiff did not oppose 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 2, 2021, and January 6, 2023, 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…