Wright v. Clark et al

Filing 120

ORDER Permitting Plaintiff Opportunity to Withdraw Opposition and File Amended Opposition in Light of Separately Issued Summary Judgment Notice, signed by Magistrate Judge Barbara A. McAuliffe on 7/12/2012. 30-day deadline. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RAYMOND WRIGHT,

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CASE NO. 1:07-cv-00462-AWI-BAM PC

Plaintiff,

ORDER PERMITTING PLAINTIFF
OPPORTUNITY TO WITHDRAW OPPOSITION
AND FILE AMENDED OPPOSITION IN LIGHT
OF SEPARATELY-ISSUED SUMMARY
JUDGMENT NOTICE

v.
SCOTT KEBNAN, et al.,
Defendants.

(ECF No. 114)

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THIRTY-DAY DEADLINE
/

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Plaintiff Raymond Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

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against Defendants Lefler, Figueroa, Gonzalez, Hernandez, Rivera, Desbit, Lima, Peterson,

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Pearce, Baires, Pennington, Grannis, Kernan, Orozco, and Miller.

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On March 7, 2012, Defendants filed a motion for summary judgment. Plaintiff filed an

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opposition on April 9, 2012, Defendants filed a reply on April 16, 2012, and the motion was

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submitted under Local Rule 230(l).

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In light of the recent decision in Woods v. Carey, Nos. 09-15548, 09-16113, 2012 WL

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2626912, at *5 (9th Cir. Jul. 6, 2012), Plaintiff must be provided with “fair notice” of the

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requirements for opposing a motion for summary judgment at the time the motion is brought and

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the notice given in this case some three years prior does not suffice. Id.

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By separate order issued concurrently with this order, the Court provided the requisite
notice. The Court will not consider multiple oppositions, however, and Plaintiff has two options
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upon receipt of the notice and this order. Plaintiff may either (1) stand on his previously-filed

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opposition or (2) withdraw it and file an amended opposition.

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Accordingly, it is HEREBY ORDERED that:

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1.

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Plaintiff may, within thirty (30) days from the date of service of this order,
withdraw his opposition and file an amended opposition;

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If Plaintiff does not file an amended opposition in response to this order, his

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existing opposition will be considered in resolving Defendants’ motion for

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summary judgment; and

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3.

If Plaintiff elects to file an amended opposition, Defendants’ existing reply will

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not be considered and they may file an amended reply pursuant to Local Rule

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230(l).

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IT IS SO ORDERED.
Dated:
cm411

July 12, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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