McDonald v. Yates et al

Filing 83

ORDER Striking 82 Opposition Requiring Plaintiff to File Amended Opposition within thirty days, signed by Magistrate Judge Sheila K. Oberto on 7/13/12. (Verduzco, M)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6
EASTERN DISTRICT OF CALIFORNIA
7
8

JIMMY MCDONALD,

9

Plaintiff,

10
11

CASE NO. 1:09-cv-00730-LJO-SKO PC
ORDER STRIKING OPPOSITION AND
REQUIRING PLAINTIFF TO FILE AMENDED
OPPOSITION WITHIN THIRTY DAYS

v.
J. A. YATES, et al.,

12

(Doc. 82)
Defendants.
/

13
14

Plaintiff Jimmy McDonald, a state prisoner proceeding pro se and in forma pauperis, filed

15

this civil rights action pursuant to 42 U.S.C. § 1983 on April 24, 2009. On July 6, 2012, Defendants

16

filed a motion for summary judgment, and on July 11, 2012, Plaintiff filed his opposition.

17

On July 9, 2012, the Court issued an order notifying Plaintiff of the requirements for

18

opposing a motion for summary judgment, following the Ninth Circuit’s decision in Woods v. Carey,

19

Nos. 09-15548, 09-16113, 2012 WL 2626912 (9th Cir. Jul. 6, 2012). (Doc. 79.) Plaintiff filed his

20

opposition without the benefit of that requisite “fair notice.” Woods, 2012 WL 2626912, at *5.

21

Accordingly, Plaintiff’s opposition filed on July 11, 2012, is HEREBY STRICKEN from the

22

record and Plaintiff has thirty (30) days from the date of service of this order within which to file

23

an amended opposition.

24
25
26

IT IS SO ORDERED.

27

Dated:
ie14hj

July 13, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

28
1