Brammer v. Yates et al

Filing 67

ORDER Requiring Plaintiff to File Opposition to Defendants' Motion to Dismiss, signed by Magistrate Judge Gerald B. Cohn on 7/18/12. 21-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES W. BRAMMER,

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CASE NO. 1:07-cv-01350-GBC (PC)

Plaintiff,

ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION TO DEFENDANTS’ MOTION
TO DISMISS

v.
JAMES A. YATES, et al.,

(Doc. 58)

Defendants.

REISSUING DISPOSITIVE MOTION NOTICE

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21 DAY DEADLINE
/

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At the time of filing, James W. Brammer (“Plaintiff”) was a state prisoner proceeding pro
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se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action
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is proceeding on Plaintiff’s second amended complaint filed on September 19, 2011, against
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Defendants Yates, Chapnick, Kushner, and Salazar (“Defendants”) for deliberate indifference of a
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serious medical need relating to the treatment of Plaintiff’s hand injury, in violation of the Eighth
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Amendment. Doc. 51 (Complaint); Doc. 54 (Cog. Claim Ord.).
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On February 17, 2012, Defendants filed a motion to dismiss. Doc. 58. As explained in the
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Court’s second informational order filed on January 3, 2012 (Doc. 57-1), Plaintiff was required to
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file an opposition or a statement of non-opposition to the motion within twenty-one days, but has
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not done so. Local Rule 78-230(m). As warned in its January 3, 2012, order: “[i]f the defendants
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file a motion to dismiss . . . the plaintiff is required to file an opposition or a statement of
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non-opposition to the motion. Local Rule 230(l). If the plaintiff fails to file an opposition or a
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statement of non-opposition to the motion, this action may be dismissed, with prejudice, for failure

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to prosecute.” Doc. 57-1.

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

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2012 WL 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 dispositive motion at the time the motion is brought. The Court will

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provide the requisite notice by separate order issued concurrently with this order.

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Accordingly, within twenty one (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 the Defendants’ motion to dismiss or the

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case will be dismissed with prejudice.

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IT IS SO ORDERED.

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Dated:
0jh02o

July 18, 2012
UNITED STATES MAGISTRATE JUDGE

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