Naylor v. Allenby et al

Filing 15

ORDER Requiring Plaintiff To File An Opposition Or Statement Of Non-Opposition To Defendant's Motion To Dismiss Within Twenty-One Days (ECF No. 12 ), signed by Magistrate Judge Michael J. Seng on 7/2/2014. (Opposition/Non-Opposition Deadline: 7/25/2014)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROY MITCHELL NAYLOR,

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Plaintiff,
v.
CLIFF ALLENBY, et al.,
Defendants.

CASE No. 1:11-cv-01649-MJS
ORDER REQUIRING PLAINTIFF TO FILE
AN OPPOSITION OR STATEMENT OF
NON-OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS WITHIN TWENTYONE DAYS
(ECF No. 12)

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Plaintiff Troy Mitchell Naylor is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on September 29, 2011. (ECF No. 1.) On December 2, 2013, the Court found

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that Plaintiff stated cognizable First and Fourth Amendment claims against Defendant

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Duvall, but did not state a claim against any of the remaining Defendants. (ECF No. 6.)

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Plaintiff was given leave to amend the complaint or notify the Court of his desire to

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proceed only on his cognizable claims.

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cognizable claims. (ECF No. 7.)

(Id.)

Plaintiff elected to proceed on his

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On April 29, 2014, Defendant Duvall filed a motion to dismiss for failure to state a

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claim. (ECF No. 12.) More than twenty-one days have passed and Plaintiff has not filed

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an opposition or a statement of non-opposition to the motion. Local Rule 230(l).

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Accordingly, it is HEREBY ORDERED that:
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1.

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

motion within twenty-one (21) days from the date of service of this order; and
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Plaintiff is warned that the failure to comply with this order will constitute a

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waiver of opposition. Defendant is granted seven days to reply to any opposition filed by

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Plaintiff.

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IT IS SO ORDERED.
Dated:

July 2, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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