Humphrey v. Yates
ORDER Directing Plaintiff to File an Opposition or Statement of No Opposition to Defendant's Motion for Summary Judgment; ORDER Directing the Clerk of the Court to Send Plaintiff a Copy of the Second Informational Order signed by District Judge Lawrence J. O'Neill on 06/06/2011. Response due by 7/11/2011. (Flores, E)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
IRVING C. HUMPHREY,
Case No. 1:09-cv-00075 LJO JLT (PC)
ORDER DIRECTING PLAINTIFF TO FILE
AN OPPOSITION OR STATEMENT OF NO
OPPOSITION TO DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT
WARDEN JAMES A. YATES,
ORDER DIRECTING THE CLERK OF THE
COURT TO SEND PLAINTIFF A COPY OF
THE SECOND INFORMATIONAL ORDER
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.
§ 1983. On April 28, 2011, Defendant filed a motion for summary judgment pursuant to Federal
Rule of Civil Procedure 56. (Doc. 53.) Plaintiff has not filed an opposition or statement of no
opposition to the motion in accordance with the Local Rules.
Plaintiff is therefore reminded that Local Rule 230(l) provides, in part, that: “Failure of the
responding party to file written opposition or to file a statement of no opposition [within twenty-one
days after the date of service of a motion] may be deemed a waiver of any opposition to the granting
of the motion . . . .” Local Rule 110 also provides that failure to comply with the Local Rules “may
be grounds for imposition of any and all sanctions authorized by statute or Rule or within the
inherent power of the Court” including, but not limited to, dismissal of the action.
Accordingly, good cause appearing, it is HEREBY ORDERED that:
Within thirty (30) days of the date of this order, Plaintiff shall file an opposition or
statement of no opposition to Defendant’s motion for summary judgment filed April
28, 2011. Plaintiff is cautioned that failure to file an opposition may be deemed a
waiver of any opposition to the granting of the motion.
The Clerk of the Court is directed to send Plaintiff a courtesy copy of the second
IT IS SO ORDERED.
Dated: June 6, 2011
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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