Cantu v. Garcia et al

Filing 152

ORDER REQUIRING Plaintiff to File Opposition, or Statement of Non-Opposition to Defendants' Motion for Summary Judgment Within Thirty (30) Days, signed by Magistrate Judge Dennis L. Beck on 10/14/15. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA J. CANTU, 12 Plaintiff, 13 v. 14 GARCIA, et al., 15 Case No. 1:09-cv-00177 AWI DLB PC ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION, OR STATEMENT OF NONOPPOSITION, TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT WITHIN THIRTY (30) DAYS Defendants. 16 Plaintiff Joshua J. Cantu (“Plaintiff”) is a former California state prisoner proceeding pro se 17 18 in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s 19 Second Amended Complaint against Defendants Garcia, Goree and Baptiste. Defendants filed a motion for summary judgment on June 15, 2015.1 Although Plaintiff filed 20 21 a notice of change of address on October 13, 2015, the motion was properly served on Plaintiff’s 22 address at the time of service. 23 Plaintiff has not filed an opposition to the motion. 24 /// 25 /// 26 /// 27 /// 28 1 Plaintiff’s motion for summary judgment is also pending. 1 1 2 3 Plaintiff is therefore ORDERED to file an opposition, or a statement of non-opposition, to the motion within thirty (30) days of the date of service of this order. Plaintiff is advised that if he does not file an opposition, or statement of non-opposition, to 4 the motion within thirty (30) days of the date of service of this order, the motion will be decided 5 without the benefit of his input. 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Dennis October 14, 2015 L. Beck UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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