Christensen v. Verducci

Filing 34

ORDER Requiring Plaintiff to File Opposition to Defendant's 29 Motion for Summary Judgment, signed by Magistrate Judge Gerald B. Cohn on 7/7/11. Twenty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JEREMY ROBERT CHRISTENSEN,

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CASE NO. 1:09-cv-01440-OWW-GBC (PC)

Plaintiff,

ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION TO DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT
(Doc. 29)

v.
MICHAEL VERDUCCI,

TWENTY-DAY DEADLINE
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Defendant.
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I.

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Plaintiff Jeremy Robert Christensen (“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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Plaintiff’s complaint, filed August 17, 2009, against Defendant Michael Verducci for violation of

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the Eighth Amendment.

Procedural History

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On January 31, 2011, Defendant filed a motion for summary judgment. (Doc. 29). As

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explained in the Court’s second informational order filed on December 11, 2009 (Doc. 10-1),

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

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twenty-one days, but has not done so. Local Rule 78-230(m). As warned in its second informational

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order: “the Court may consider plaintiffs failure to act as a waiver of opposition to defendant(s)

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motion. Plaintiff's waiver of opposition to defendant(s)' motion may result in the entry of summary

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judgment 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 Defendant’s 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

July 8, 2011
UNITED STATES MAGISTRATE JUDGE

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