McMaster v. Spearman et al

Filing 107

ORDER REQUIRING Plaintiff to File Opposition OR Statement of Non-Opposition Within Twenty-One Days re 106 , signed by Magistrate Judge Sheila K. Oberto on 5/15/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA MCMASTER,
Plaintiff,

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v.

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ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION WITHIN TWENTY-ONE
DAYS

M. E. SPEARMAN, et al.,

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Case No. 1:10-cv-01407-AWI-SKO (PC)

Defendants.
_____________________________________/

(Doc. 106)
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Plaintiff Dana McMaster, a former state prisoner proceeding pro se and in forma pauperis,

17 filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 6, 2010. This action is
18 proceeding on Plaintiff’s second amended complaint, filed January 3, 2013, against Defendants
19 Carlson, Garcia, Sedwick, Espitia, and Pease (“Defendants”) for failing to protect him, in violation
20 of the Eighth Amendment, and against Defendant Carlson for retaliation, in violation of the First
21 Amendment. The events giving rise to Plaintiff’s claims allegedly occurred between March 7,
22 2009, and April 20, 2009, at Pleasant Valley State Prison in Coalinga, California.
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Pursuant to the amended scheduling order, the deadline for the completion of all discovery

24 is May 15, 2015. On May 14, 2015, Defendants filed a timely motion to compel Plaintiff’s
25 deposition. Fed. R. Civ. P. 37(d). Accordingly, pursuant to Local Rule 230(l), Plaintiff is
26 HEREBY ORDERED to file an opposition or a statement of non-opposition to Defendants’
27 motion to compel within twenty-one (21) days from the date of service of this order. Plaintiff is
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1 warned that the failure to comply with this order will result in dismissal of this action, with
2 prejudice, for failure to prosecute.
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IT IS SO ORDERED.
Dated:

May 15, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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