Thomas v. Wilber et al

Filing 70

ORDER GRANTING 69 Motion for Leave to File Exhibit H, Nunc Pro Tunc to May 23, 2013 and Requiring Plaintiff to File Opposition or Statement of Non-Opposition with Thirty Days 67 , signed by Magistrate Judge Sheila K. Oberto on 05/31/2013. (Martin-Gill, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JASON LATRELL THOMAS, 9 Plaintiff, 10 11 CASE NO. 1:10-cv-00006-AWI-SKO PC ORDER GRANTING MOTION FOR LEAVE TO FILE EXHIBIT H, NUNC PRO TUNC TO MAY 23, 2013, AND REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION WITHIN THIRTY DAYS v. M. WILBER, et al., 12 Defendants. (Docs. 67 and 69) / 13 14 Plaintiff Jason Latrell Thomas, a state prisoner proceeding pro se and in forma pauperis, filed 15 this civil rights action pursuant to 42 U.S.C. § 1983 on January 4, 2010. On May 20, 2013, 16 Defendants timely filed a motion for summary judgment. On May 23, 2013, Defendants filed a 17 motion seeking an extension of time to file, nunc pro tunc to May 23, 2013, Exhibit H, which was 18 inadvertently omitted from the motion. 19 Good cause having been shown, Defendants’ motion for leave to file Exhibit H nunc pro tunc 20 to May 23, 2013, is HEREBY ORDERED GRANTED. It is further ORDERED that Plaintiff shall 21 file an opposition or a statement of non-opposition to Defendants’ motion for summary judgment 22 within thirty (30) days from the date of service of this order, and the failure to do so will result in 23 dismissal of this action for failure to prosecute and failure to obey a court order. Local Rule 230(l). 24 25 IT IS SO ORDERED. 26 Dated: i0d3h8 May 31, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 27 28 1

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