Wakefield v. Indermill, et al.

Filing 55

ORDER DIRECTING Defendant Indermill to RE-SERVE 50 MOTION for SUMMARY JUDGMENT, signed by Magistrate Judge Sandra M. Snyder on 8/12/2011. Fifteen Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DARRYL WAKEFIELD,

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Plaintiff,

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CASE NO. 1:09-cv-00274-LJO-SMS PC
OR DER DIR EC TING DEF E N D A NT
INDERMILL TO RE-SERVE MOTION FOR
SUMMARY JUDGMENT

v.
RICHARD INDERMILL,

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(ECF No. 50)

Defendant.

FIFTEEN DAY DEADLINE
/

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Plaintiff Darryl Wakefield (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 2000cc-1 (Religious

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Land Use and Institutionalized Persons Act of 2000). On June 22, 2011, Defendant filed a motion

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for summary judgment. On July 21, 2011, an order issued directing Plaintiff to file a response to

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Defendant’s motion for summary judgment. On August 11, 2011, Plaintiff filed a notice stating that

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he has not received Defendant’s motion for summary judgment.

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Accordingly, it is HEREBY ORDERED that:

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1.

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Within fifteen (15) days from the date of service of this order Defendant Indermill
shall serve the motion for summary judgment upon Plaintiff;

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2.

Plaintiff shall file an opposition or a statement of non-opposition to Defendant’s

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motion for summary judgment within thirty (30) days from the date of service of the

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motion for summary judgment; and

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result in dismissal of this action, with prejudice, for failure to prosecute.

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The failure to respond to Defendant’s motion in compliance with this order will

IT IS SO ORDERED.
Dated:
cm411

August 12, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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