McDonald v. Yates et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JIMMY MCDONALD,
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Plaintiff,
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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.,
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(Doc. 82)
Defendants.
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Plaintiff Jimmy McDonald, a state prisoner proceeding pro se and in forma pauperis, filed
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this civil rights action pursuant to 42 U.S.C. § 1983 on April 24, 2009. On July 6, 2012, Defendants
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filed a motion for summary judgment, and on July 11, 2012, Plaintiff filed his opposition.
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On July 9, 2012, the Court issued an order notifying Plaintiff of the requirements for
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opposing a motion for summary judgment, following the Ninth Circuit’s decision in Woods v. Carey,
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Nos. 09-15548, 09-16113, 2012 WL 2626912 (9th Cir. Jul. 6, 2012). (Doc. 79.) Plaintiff filed his
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opposition without the benefit of that requisite “fair notice.” Woods, 2012 WL 2626912, at *5.
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Accordingly, Plaintiff’s opposition filed on July 11, 2012, is HEREBY STRICKEN from the
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record and Plaintiff has thirty (30) days from the date of service of this order within which to file
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an amended opposition.
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IT IS SO ORDERED.
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Dated:
ie14hj
July 13, 2012
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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