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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IRVING C. HUMPHREY, 12 13 14 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, 15 16 ORDER DIRECTING THE CLERK OF THE COURT TO SEND PLAINTIFF A COPY OF THE SECOND INFORMATIONAL ORDER Defendant. _________________________________/ 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 18 § 1983. On April 28, 2011, Defendant filed a motion for summary judgment pursuant to Federal 19 Rule of Civil Procedure 56. (Doc. 53.) Plaintiff has not filed an opposition or statement of no 20 opposition to the motion in accordance with the Local Rules. 21 Plaintiff is therefore reminded that Local Rule 230(l) provides, in part, that: “Failure of the 22 responding party to file written opposition or to file a statement of no opposition [within twenty-one 23 days after the date of service of a motion] may be deemed a waiver of any opposition to the granting 24 of the motion . . . .” Local Rule 110 also provides that failure to comply with the Local Rules “may 25 be grounds for imposition of any and all sanctions authorized by statute or Rule or within the 26 inherent power of the Court” including, but not limited to, dismissal of the action. 27 Accordingly, good cause appearing, it is HEREBY ORDERED that: 28 1. Within thirty (30) days of the date of this order, Plaintiff shall file an opposition or 1 1 statement of no opposition to Defendant’s motion for summary judgment filed April 2 28, 2011. Plaintiff is cautioned that failure to file an opposition may be deemed a 3 waiver of any opposition to the granting of the motion. 4 5 2. The Clerk of the Court is directed to send Plaintiff a courtesy copy of the second informational order. 6 IT IS SO ORDERED. 7 Dated: June 6, 2011 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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