Ochotorena v. Adams et al

Filing 121

ORDER Requiring Plaintiff to File Supplemental Opposition to Defendants' Motion for Summary Judgment, signed by Magistrate Judge Dennis L. Beck on 12/20/2011. (Supplemental Opposition to Defendants' Motion - 30 Day Deadline) (Martin-Gill, S)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 RICHARD A. OCHOTORENA, 7 8 9 CASE NO. 1:05-CV-01524-LJO-DLB PC Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE SUPPLEMENTAL OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT v. DERRAL G. ADAMS, et al., 10 Defendants. OPPOSITION DUE WITHIN THIRTY DAYS / 11 12 Plaintiff Richard A. Ochotorena (“Plaintiff”) is a prisoner in the custody of the California 13 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in 14 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding 15 against Defendants Adams, Kalkis, Reynoso, Curtiss, Duncan, Fambrough, Lane, and Rodriquez. 16 On April 3, 2009, Defendants filed a motion for partial summary judgment. Doc. 55. 17 Plaintiff moved for a Federal Rule of Civil Procedure 56(d) motion, which the Court granted on 18 March 19, 2010. Based on a review of the record, all discovery in this matter has been resolved. 19 Plaintiff is required to file a supplemental opposition to Defendants’ motion for summary 20 judgment. 21 Accordingly, it is HEREBY ORDERED that Plaintiff is to serve and file a supplemental 22 opposition to Defendants’ motion for summary judgment within thirty (30) days from the date of 23 service of this order. Defendants will be provided seven (7) days from the date of service of 24 Plaintiff’s opposition in which to serve and file their supplemental reply, if any. Failure to file a 25 supplemental opposition will be construed as a waiver of the opportunity to file. 26 27 IT IS SO ORDERED. Dated: 3b142a December 20, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 28 1

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