Carlos Pena v. Huckabay et al

Filing 23

ORDER REQUIRING Plaintiff to File Opposition or Statement of Non-Opposition to 21 , 22 Motion for Summary Judgment Within Thirty Days, signed by Magistrate Judge Sheila K. Oberto on 3/14/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CARLOS PENA,

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Plaintiff,

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CASE NO. 1:09-cv-00404-LJO-SKO PC
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY
JUDGMENT WITHIN THIRTY DAYS

v.
D. HUCKABAY, et al.,

(Docs. 21 and 22)
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Defendants.
/

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Plaintiff Carlos Pena, a former state prisoner proceeding pro se, filed this civil action on

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September 5, 2008, in Fresno County Superior Court. Defendants Huckabay, Ericson, Tucker,

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Valencia, and Dever filed a notice of removal on February 27, 2009, 28 U.S.C. § 1441(b), and

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pursuant to the Court’s screening order filed on March 11, 2011, the action is proceeding against

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Defendants Valencia and Dever on Plaintiff’s Eighth Amendment excessive force claim, 28 U.S.C.

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§ 1915A. On March 12, 2012, Defendants filed a motion for summary judgment.

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Plaintiff is HEREBY ORDERED to file an opposition or a statement of non-opposition to

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Defendants’ motion within thirty (30) days from the date of service of this order. If Plaintiff fails

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to comply, this action will be dismissed, with prejudice, for failure to prosecute.

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IT IS SO ORDERED.

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Dated:
ie14hj

March 14, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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