Wafer v. Suesberry et al

Filing 112

ORDER Requiring Plaintiff To File Opposition Or Statement Of Non-Opposition Within Twenty-One Days (ECF No. 109 ), signed by Magistrate Judge Barbara A. McAuliffe on 2/13/2015.(Opposition due by 3/9/2015) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY D. WAFER,

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Plaintiff,
v.
W. SUESBERRY, et al.,

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Defendants.

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1:07-cv-00865-AWI-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION WITHIN TWENTY-ONE
DAYS
(ECF No. 109)

Plaintiff Anthony D. Wafer (“Plaintiff”) is a state prisoner proceeding pro se and in

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

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proceeds only on Plaintiff’s claim against Defendant Suesberry for failure to provide medication

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in violation of the Eighth Amendment. On September 23, 2014, Defendant Suesberry filed a

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motion for judgment on the pleadings. Fed. R. Civ. P. 12(c). To date, Plaintiff has not filed an

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opposition, and all other motions have been resolved.

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Accordingly, pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an

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opposition or a statement of non-opposition to Defendant’s motion within twenty-one (21) days.

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Plaintiff is warned that the failure to comply with this order will result in dismissal of this

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action, with prejudice, for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

February 13, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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