Levingston v. CDC et al

Filing 27

ORDER Requiring Plaintiff to File, within 30 Days, Opposition or Statement of Non-Opposition to Defendant's 23 Motion to Dismiss signed by Magistrate Judge Sheila K. Oberto on 04/26/2010. Opposition or Statement of Non-Opposition due by 6/1/2010.(Flores, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Toni D. Levingston ("Plaintiff") is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 4, 2010, Defendants filed 17 a motion to dismiss based on Plaintiff's failure to exhaust his administrative remedies. (Doc. #23.) 18 Plaintiff has not filed an opposition or a statement of non-opposition to the motion to dismiss. 19 Pursuant to Local Rule 230(l), Plaintiff was required to file an opposition or statement of non20 opposition within twenty-one (21) days of the date of service of Defendants' motion to dismiss. 21 Accordingly, within thirty (30) days from the date of service of this Order, Plaintiff shall 22 file an opposition or a statement of non-opposition to Defendants' motion to dismiss. Plaintiff's 23 failure to file an opposition or statement of non-opposition in compliance with this order may 24 result in this action being dismissed for failure to obey a court order and failure to prosecute. 25 26 IT IS SO ORDERED. 27 28 Dated: ie14hj April 26, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 1 v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. / TONI D. LEVINGSTON, Plaintiff, CASE NO. 1:09-cv-00589-SKO PC ORDER REQUIRING PLAINTIFF TO FILE, W IT H IN 30 DAYS, OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANT'S MOTION TO DISMISS

UNITED STATES DISTRICT COURT