Cabrera v. Maddock et al

Filing 31

ORDER Requiring Plaintiff To File Opposition To Defendant's Motion To Dismiss (ECF No. 28 ), Twenty-One (21) Day Deadline, signed by Magistrate Judge Michael J. Seng on 2/12/2016.(Opposition Deadline: 3/7/2016) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELVIN JOHN CABRERA,
Plaintiff,

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Case No. 1:10-cv-00611-LJO-MJS (PC)
ORDER REQUIRING PLAINTIFF TO
FILE OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS

v.
THOMAS M. MADDOCK, et al.,

(ECF No. 28)
Defendants.
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

19 rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plainitff’s
20 Fourteenth Amendment Due Process claim against Defendants Gentry, Sanchez,
21 Sigsten, Buechner, Jakabusky, and Kingston. (ECF No. 23.)
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On December 28, 2015, Defendant filed a motion to dismiss for failure to state a

23 claim. (ECF No. 28.) Plaintiff has not filed an opposition or statement of non-opposition
24 to Defendant’s motion, and the time for doing so has passed. Local Rule 230(l). The
25 Court will give Plaintiff one further opportunity to respond to the motion: Plaintiff must
26 file an opposition or a statement of non-opposition to Defendant’s motion to dismiss
27 within twenty-one (21) days from the date of service of this Order. If Plaintiff fails to file
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1 an opposition or a statement of non-opposition to the motion, this action may be
2 dismissed, with prejudice, for failure to prosecute and failure to obey a court order.
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IT IS SO ORDERED.
Dated:

February 12, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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