Koch v. Tilton et al

Filing 35

ORDER REQUIRING PLAINTIFF to File Opposition to 32 Defendants' MOTION for SUMMARY JUDGMENT, signed by Magistrate Judge Gerald B. Cohn on 7/8/2011. Plaintiff's Response due within twenty (20) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RODNEY KOCH,

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CASE NO. 1:07-cv-01698-LJO-GBC (PC)
Plaintiff,

ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION TO DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT
(Doc. 32)

v.
JAMES E. TILTON, et al.,

TWENTY-DAY DEADLINE
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Defendants.

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/

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I.

Procedural History

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Plaintiff Rodney Koch (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on July
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5, 2007. (Doc. 1). This action is proceeding on Plaintiff’s first amended complaint filed on
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November 26, 2007, for violation of his rights under the Religious Land Use and Institutionalized
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Persons Act (RLUIPA). (Doc. 17).
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On February 7, 2011, Defendants filed a motion for summary judgment. (Doc. 32). As
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explained in the Court’s second informational order filed on October 20, 2009 (Doc. 20-1), Plaintiff
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was required to file an opposition or a statement of non-opposition to the motion within twenty-one
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days, but has not done so. Local Rule 78-230(m). As warned in its October 20, 2009, order: “the
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Court may consider plaintiffs failure to act as a waiver of opposition to defendant(s) motion.
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Plaintiff's waiver of opposition to defendant(s)' motion may result in the entry of summary judgment
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against plaintiff.” (Doc. 20).
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Accordingly, within twenty (20) days from the date of service of this order, Plaintiff must

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file an opposition or a statement of non-opposition to the Defendants’ motion for summary judgment

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or the case will be dismissed with prejudice.

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IT IS SO ORDERED.

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Dated:
0jh02o

July 8, 2011
UNITED STATES MAGISTRATE JUDGE

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