Ricker v. California Department of Corrections Medical Department et al

Filing 42

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' Motion for Summary Judgment Within Thirty (30) Days, signed by Magistrate Judge Gerald B. Cohn on 6/8/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PHILLIP T. RICKER,

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Plaintiff,
v.

CASE NO. 1:09-cv-01433-LJO-GBC (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT

CALIFORNIA DEPARTMENT OF
CORRECTIONS MEDICAL, et al.,

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Docs. 39, 41
Defendants.

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/ RESPONSE DUE WITHIN THIRTY DAYS

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On August 14, 2009, Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed

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a complaint pursuant to 42 U.S.C. § 1983. Doc. 1. On August 26, 2010, this Court issued an order

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requiring Plaintiff to either file an amended complaint or notify the Court of willingness to proceed

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on his a cognizable claim against Defendants Anderson, Hicks, La Vaan, Lambert, Lopez, and

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Stinger (“Defendants”)1 for Eighth Amendment deliberate indifference to medical need. Doc. 14. On

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September 8, 2010, Plaintiff notified the Court of his willingness to proceed on his cognizable claim

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against Defendants. Doc. 15. On December 15, 2010, the Court issued a second informational order,

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advising Plaintiff that Defendants may file a motion for summary judgment and how Plaintiff must

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oppose the motion in order to avoid dismissal, pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir.

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1998). Doc. 20. On April 27, 2012, Defendants filed a motion for summary judgment. Doc. 39. On

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May 1, 2012, Defendants filed the declaration of J. Moon, M.D. Doc. 41. As of the date of this order,

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Plaintiff has not filed an opposition or statement of non-opposition as required by Local Rule 230(l).

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The Court previously dismissed Defendants Alaape, Dhah, Kim, M oon, Tellorbes, and W ang. Docs. 17, 33.

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Accordingly, it is HEREBY ORDERED that Plaintiff is to file an opposition or statement

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of non-opposition to Defendants’ motion for summary judgment within thirty (30) days from the date

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of service of this order. Failure to timely comply or otherwise respond will be construed as waiver

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of the opportunity to file an opposition.

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IT IS SO ORDERED.

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Dated:
7j8cce

June 8, 2012
UNITED STATES MAGISTRATE JUDGE

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