Royal v. Knight et al
Filing
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ORDER Requiring Plaintiff To File A Response To Defendants' Motion For Summary Judgment Within Thirty Days (ECF No. 40 ), signed by Magistrate Judge Barbara A. McAuliffe on 12/5/2012. (Responses due by 1/9/2013)(Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARLIN LATTEREAL ROYAL,
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Plaintiff,
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CASE NO. 1:09-cv-01407-BAM PC
ORDER REQUIRING PLAINTIFF TO FILE A
RESPONSE TO DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT WITHIN THIRTY
DAYS
v.
S. KNIGHT, et al.,
(ECF No. 40)
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Defendants.
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Plaintiff Marlin Lattereal Royal (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Following resolution of
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Defendants’ motion to dismiss, this action is proceeding on the first amended complaint against
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Defendant Knight for excessive force in violation of the Eighth Amendment and retaliation in
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violation of the First Amendment, and Defendant Clark for failure to protect in violation of the
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Eighth Amendment. (ECF No. 36.)
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On October 30, 2012, Defendants filed a motion for summary judgment. Plaintiff has failed
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to file an opposition or a statement of non-opposition to the motion. Local Rule 230(l).
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Accordingly, it is HEREBY ORDERED that:
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1.
Plaintiff shall file an opposition or a statement of non-opposition to Defendants’
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motion for summary judgment within thirty (30) days from the date of service of
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this order; and
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///
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2.
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The failure to respond to Defendants’ motion in compliance with this order will
result in dismissal of this action, with prejudice, for failure to prosecute.
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IT IS SO ORDERED.
Dated:
cm411
December 5, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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