Curtis v. Kushner et al

Filing 69

ORDER Directing Plaintiff to File an Opposition or Statement of No Opposition to Defendant's 62 Motion for Summary Judgment, signed by Magistrate Judge Jennifer L. Thurston on 4/13/2011. Thirty Day Deadline. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROCKY CURTIS,

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Case No. 1:06-cv-00045 JLT (PC)

Plaintiff,

ORDER DIRECTING PLAINTIFF TO FILE
AN OPPOSITION OR STATEMENT OF NO
OPPOSITION TO DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT

vs.
N. KUSHNER, et al.,

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Defendants.

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_________________________________/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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pursuant to 42 U.S.C. § 1983. On March 7, 2011, Defendant Vaughn filed a motion for summary

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judgment pursuant to Federal Rule of Civil Procedure 56. (Docs. 62-67.) Although Plaintiff was

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previously advised of the requirements for filing an opposition to motions for summary judgment,

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(see Doc. 19,) Plaintiff has not filed an opposition to Defendant’s motion in accordance with the

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Local Rules.

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Plaintiff is therefore reminded that Local Rule 230(l) provides, in part, that: “Failure of the

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responding party to file written opposition or to file a statement of no opposition [within twenty-one

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days after the date of service of a motion] may be deemed a waiver of any opposition to the granting

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of the motion . . . .” Local Rule 110 also provides that failure to comply with the Local Rules “may

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be grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court” including, but not limited to, dismissal of the action.
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Accordingly, good cause appearing, it is HEREBY ORDERED that, within thirty days of

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the date of this order, Plaintiff shall file an opposition or statement of no opposition to Defendant’s

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March 7, 2011 motion for summary judgment.

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IT IS SO ORDERED.

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Dated: April 13, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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