Lipsey v. Schwarzenegger et al

Filing 33

ORDER signed by Magistrate Judge Jennifer L. Thurston on 4/15/2011 directing Plaintiff to file an opposition or statement of non-opposition to 29 MOTION for SUMMARY JUDGMENT. (Filing Deadline: 5/23/2011). (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODERICK LIPSEY,

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Case No. 1:08-cv-01726 JLT (PC)

Plaintiff,

ORDER DIRECTING PLAINTIFF TO FILE
AN OPPOSITION OR STATEMENT OF NO
OPPOSITION TO DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT

vs.

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ARNOLD SCHWARZENEGGER, et al.,

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Defendants.

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_________________________________/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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pursuant to 42 U.S.C. § 1983. On March 14, 2011, Defendant Granillo, the sole defendant in this

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action, filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. (Doc.

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29.) Although Plaintiff was previously advised by the Court of the requirements for filing an

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opposition to a motion for summary judgment, (see Doc. 18,) Plaintiff has not filed an opposition

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to the pending motion in accordance with the Local Rules.

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Plaintiff is therefore reminded that Local Rule 230(l) provides, in part, that: “Failure of the

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responding party to file written opposition or to file a statement of no opposition [within twenty-one

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days after the date of service of a motion] may be deemed a waiver of any opposition to the granting

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of the motion . . . .” Local Rule 110 also provides that failure to comply with the Local Rules “may

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be grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court” including, but not limited to, dismissal of the action.
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Accordingly, good cause appearing, it is HEREBY ORDERED that, within thirty (30) days

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of the date of service of this order, Plaintiff shall file an opposition or statement of no opposition to

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Defendant’s March 14, 2011 motion for summary judgment. Defendant shall file a reply, if any,

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within fourteen (14) days of receipt of Plaintiff’s opposition or statement of no opposition.

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IT IS SO ORDERED.

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Dated: April 15, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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