Pulliam v. Lozano et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOSEPH R. PULLIAM,
CASE NO. 1:07-cv-00964-LJO-MJS PC
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION TO DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT WITHIN
On July 14, 2011, Defendants Lozano and Mason filed a motion for summary
judgment. (ECF No. 62.) Plaintiff was required to file an opposition or a statement of non-
opposition to the motion within twenty-one days. Local Rule 230(l). After the Court
granted Plaintiff’s request for an extension of time, Plaintiff filed opposition. (ECF No. 66.)
However, Plaintiff maintains that his opposition was incomplete because he had difficulties
obtaining facts and information from Defendants Lozano and Mason and from third-
Prior to Defendants Lozano and Mason’s motion for summary judgment, Plaintiff
had filed a motion for a subpoena duces tecum. (ECF No. 55.) In the interim, the Court
partially granted Plaintiff’s motion, and the Warden of Kern Valley State Prison was to
produce specified information on or around December 7, 2011. (ECF Nos. 68 & 71.)
Plaintiff should now be able to file a complete opposition to Defendants Lozano and
Mason’s motion for summary judgment.
Accordingly, within twenty (21) days from the date of service of this order, Plaintiff
must file an opposition or a statement of non-opposition to Defendants Lozano and
Mason’s motion for summary judgment. If Plaintiff fails to comply with this order, this
action will be dismissed, with prejudice, for failure to obey the Court’s order, and failure to
IT IS SO ORDERED.
January 21, 2012
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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