Pulliam v. Lozano et al

Filing 74

ORDER Requiring Plaintiff to File Opposition to Defendants' Motion for Summary Judgment within Twenty-One Days signed by Magistrate Judge Michael J. Seng on 01/21/2012. Opposition or Statement on Non-Opposition due by 2/16/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOSEPH R. PULLIAM,
Plaintiff,

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CASE NO. 1:07-cv-00964-LJO-MJS PC
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION TO DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT WITHIN
TWENTY-ONE DAYS

v.
M. LOZANO,
Defendant.

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On July 14, 2011, Defendants Lozano and Mason filed a motion for summary

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judgment. (ECF No. 62.) Plaintiff was required to file an opposition or a statement of non-

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opposition to the motion within twenty-one days. Local Rule 230(l). After the Court

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granted Plaintiff’s request for an extension of time, Plaintiff filed opposition. (ECF No. 66.)

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However, Plaintiff maintains that his opposition was incomplete because he had difficulties

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obtaining facts and information from Defendants Lozano and Mason and from third-

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parties. (Id.)

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Prior to Defendants Lozano and Mason’s motion for summary judgment, Plaintiff

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had filed a motion for a subpoena duces tecum. (ECF No. 55.) In the interim, the Court

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partially granted Plaintiff’s motion, and the Warden of Kern Valley State Prison was to

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produce specified information on or around December 7, 2011. (ECF Nos. 68 & 71.)

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Plaintiff should now be able to file a complete opposition to Defendants Lozano and

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Mason’s motion for summary judgment.

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Accordingly, within twenty (21) days from the date of service of this order, Plaintiff
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must file an opposition or a statement of non-opposition to Defendants Lozano and

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Mason’s motion for summary judgment. If Plaintiff fails to comply with this order, this

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action will be dismissed, with prejudice, for failure to obey the Court’s order, and failure to

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prosecute.

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IT IS SO ORDERED.

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Dated:
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January 21, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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