Avila v. Cate et al

Filing 41

ORDER Requiring Plaintiff to File Status Report Regarding his Ability to File Opposition or Statement of Non-Opposition to Defendants' Motion for Summary Judgment signed by Magistrate Judge Sheila K. Oberto on 02/06/2012. Status Report due by 2/27/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PERRY ROBERT AVILA,

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Plaintiff,

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CASE NO. 1:09-cv-00918-LJO-SKO PC
ORDER REQUIRING PLAINTIFF TO FILE
STATUS REPORT REGARDING HIS
ABILITY TO FILE OPPOSITION OR
STATEMENT OF NON-OPPOSITION TO
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT

v.
MATTHEW CATE, et al.,

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Defendants.
(Docs. 22, 26, 39, and 40)

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FIFTEEN-DAY DEADLINE
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/

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Plaintiff Perry Robert Avila, 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 May 26, 2009. This action for damages is
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proceeding against Defendants Meadors, Sullivan, Jones, Gonzalez, and Peterson for violation of
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the Equal Protection Clause of the Fourteenth Amendment.
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On March 7, 2011, Defendants filed a motion for summary judgment. By order filed March
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24, 2011, Plaintiff was relieved of his obligation to file an opposition or a statement of non22
opposition to the motion, pending resolution of the parties’ discovery dispute. Resolution of that
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dispute ultimately resulted in service of subpoenas duces tecum on the custodians of record for the
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California Department of Corrections and Rehabilitation and the California Correctional Institution.
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Pursuant to the subpoenas, any responsive documents should have been served on Plaintiff by
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February 1, 2012.
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Accordingly, within fifteen (15) days from the date of service of this order, Plaintiff shall

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file a status report regarding his ability to file an opposition or a statement of non-opposition to

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Defendants’ motion for summary judgment.

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IT IS SO ORDERED.

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Dated:
ie14hj

February 6, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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