Brown v. Williams et al

Filing 61

ORDER Requiring Plaintiff to File Opposition to 58 Defendants' Motion for Summary Judgment signed by Magistrate Judge Gerald B. Cohn on 6/25/2012. 20-day deadline. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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THORNELL BROWN,

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CASE NO. 1:09-cv-00792-LJO-GBC (PC)

Plaintiff,

ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION TO DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT
(Doc. 58)

v.
R. J. WILLIAMS, et al.,

TWENTY-DAY DEADLINE
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Defendants.

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/
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I.

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Plaintiff Thornell Brown (“Plaintiff”) is a state prisoner proceeding in forma pauperis (“IFP”)

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s

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complaint, filed May 4, 2009, against Defendants Williams and Gonzales (“Defendants”) for use of

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excessive force and subjecting Plaintiff to unconstitutional conditions of confinement following the

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use of force on May 23, 2005, in violation of the Eighth Amendment. Doc. 1 (Complaint); Doc. 8

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(Cog. Claim Ord.).

Procedural History

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On March 29, 2012, Defendants filed a motion for summary judgment. Doc. 58. As

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explained in the Court’s second informational order filed on January 12, 2010 (Doc. 10-1), Plaintiff

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was required to file an opposition or a statement of non-opposition to the motion within twenty-one

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days, but has not done so. Local Rule 78-230(m). As warned in its January 12, 2010, order: “the

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Court may consider plaintiffs failure to act as a waiver of opposition to defendant(s) motion.

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Plaintiff's waiver of opposition to defendant(s)' motion may result in the entry of summary judgment
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against plaintiff.” Doc. 10-1.

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Accordingly, within twenty (20) days from the date of service of this order, Plaintiff must

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file an opposition or a statement of non-opposition to the Defendants’ motion for summary judgment

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or the case will be dismissed with prejudice.

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IT IS SO ORDERED.

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Dated:
0jh02o

June 25, 2012
UNITED STATES MAGISTRATE JUDGE

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