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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOSEPH R. PULLIAM, Plaintiff, 10 11 12 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. 13 / 14 15 On July 14, 2011, Defendants Lozano and Mason filed a motion for summary 16 judgment. (ECF No. 62.) Plaintiff was required to file an opposition or a statement of non- 17 opposition to the motion within twenty-one days. Local Rule 230(l). After the Court 18 granted Plaintiff’s request for an extension of time, Plaintiff filed opposition. (ECF No. 66.) 19 However, Plaintiff maintains that his opposition was incomplete because he had difficulties 20 obtaining facts and information from Defendants Lozano and Mason and from third- 21 parties. (Id.) 22 Prior to Defendants Lozano and Mason’s motion for summary judgment, Plaintiff 23 had filed a motion for a subpoena duces tecum. (ECF No. 55.) In the interim, the Court 24 partially granted Plaintiff’s motion, and the Warden of Kern Valley State Prison was to 25 produce specified information on or around December 7, 2011. (ECF Nos. 68 & 71.) 26 Plaintiff should now be able to file a complete opposition to Defendants Lozano and 27 Mason’s motion for summary judgment. 28 Accordingly, within twenty (21) days from the date of service of this order, Plaintiff -1- 1 must file an opposition or a statement of non-opposition to Defendants Lozano and 2 Mason’s motion for summary judgment. If Plaintiff fails to comply with this order, this 3 action will be dismissed, with prejudice, for failure to obey the Court’s order, and failure to 4 prosecute. 5 6 IT IS SO ORDERED. 7 Dated: ci4d6 January 21, 2012 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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