Humphrey v. Yates

Filing 54

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IRVING C. HUMPHREY,

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Case No. 1:09-cv-00075 LJO JLT (PC)

Plaintiff,

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

vs.
WARDEN JAMES A. YATES,

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ORDER DIRECTING THE CLERK OF THE
COURT TO SEND PLAINTIFF A COPY OF
THE SECOND INFORMATIONAL ORDER

Defendant.
_________________________________/

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983. On April 28, 2011, Defendant filed a motion for summary judgment pursuant to Federal

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Rule of Civil Procedure 56. (Doc. 53.) Plaintiff has not filed an opposition or statement of no

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opposition to the 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:

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1.

Within thirty (30) days of the date of this order, Plaintiff shall file an opposition or
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statement of no opposition to Defendant’s motion for summary judgment filed April

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28, 2011. Plaintiff is cautioned that failure to file an opposition may be deemed a

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waiver of any opposition to the granting of the motion.

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2.

The Clerk of the Court is directed to send Plaintiff a courtesy copy of the second
informational order.

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IT IS SO ORDERED.

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Dated: June 6, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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