Serrano v. Rawers et al

Filing 23

ORDER Requiring Plaintiff to File an Opposition or Statement of Non-Opposition to Defendant's 21 MOTION to DISMISS Within Twenty-One Days, signed by Magistrate Judge Michael J. Seng on 3/4/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSIE L. SERRANO,

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Plaintiff,

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v.

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SCOTT RAWERS, et al.,
Defendants.

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Case No.: 1:11-cv-00399-MJS (PC)
ORDER REQUIRING PLAINTIFF TO FILE AN
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT’S MOTION TO
DISMISS WITHIN TWENTY-ONE DAYS
(ECF No. 21)

Plaintiff Jessie L. Serrano (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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Plaintiff initiated this action on April 20, 2006. (ECF No. 1.) On June 3, 2013, the

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Court found that Plaintiff stated a cognizable Eighth Amendment claim against Defendant

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Lucas. (ECF No. 11.)

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On November 25, 2013, Defendant Lucas filed a motion to dismiss for failure to

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exhaust administrative remedies. (ECF No. 21.) More than twenty-one days have passed

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and Plaintiff has not filed an opposition or a statement of non-opposition to the motion. Local

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Rule 230(l).

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Accordingly, it is HEREBY ORDERED that:

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within twenty-one (21) days from the date of service of this order; and

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Plaintiff shall file an opposition or a statement of non-opposition to the motion

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Plaintiff is warned that the failure to comply with this order will result in
dismissal of this action, with prejudice, for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

March 4, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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