Royal v. Knight et al

Filing 47

ORDER to SHOW CAUSE Why Defendants' Motion for Summary Judgment should not be Granted for Plaintiff's Failure to File Opposition; Twenty-One Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 1/25/2013. (Sant Agata, S)

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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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CASE NO. 1:09-cv-01407-BAM PC

Plaintiff,

ORDER TO SHOW CAUSE WHY
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT SHOULD NOT BE GRANTED
FOR PLAINTIFF’S FAILURE TO FILE
OPPOSITION

v.

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S. KNIGHT, et al.,

(ECF Nos. 40 and 44)
Defendants.

TWENTY-ONE DAY DEADLINE
/

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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. This action is proceeding on
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the first amended complaint against Defendant Knight for excessive force in violation of the Eighth
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Amendment and retaliation in violation of the First Amendment, and Defendant Clark for failure to
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protect in violation of the Eighth Amendment. (ECF No. 36.)
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On October 30, 2012, Defendants filed a motion for summary judgment. Plaintiff failed to
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file an opposition or a statement of non-opposition to the motion. Local Rule 230(l). Accordingly,
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on December 6, 2012, the Court ordered Plaintiff to file a response to Defendants’ motion for
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summary judgment within thirty (30) days. (ECF No. 44.) More than thirty (30) days have passed
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and Plaintiff has not filed an opposition.
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Therefore, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why summary
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judgment should not be granted in favor of Defendants Clark and Knight. Plaintiff is ORDERED
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to file a written response to this Order to Show Cause within twenty-one (21) days of the date of

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this Order. Plaintiff may comply with this order by filing his opposition or statement of non-

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opposition to the motion for summary judgment.

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Failure to respond to this Order to Show Cause may result in dismissal of this action or in

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summary judgment in favor of Defendants due to Plaintiff’s failure to identify a genuine dispute as

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to any material fact.

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IT IS SO ORDERED.
Dated:
10c20k

January 25, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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