Gonzales v. Tate

Filing 37

ORDER Requiring Plaintiff to File a Response to Motion to Dismiss within Thirty Days of Service signed by Magistrate Judge Michael J. Seng on 10/04/2013. Response due by 11/12/2013.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMY GONZALES,

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Plaintiff,

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v.

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HAROLD TATE,
Defendant.

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Case No.: 1:11-cv-01997-AWI-MJS (PC)
ORDER REQUIRING PLAINTIFF TO FILE A
RESPONSE TO MOTION TO DISMISS
WITHIN THIRTY DAYS OF SERVICE
ECF No. 34

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Plaintiff Jimmy Gonzales (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On July 29, 2013, Defendant Tate filed a motion

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to dismiss. (ECF No. 34.) Plaintiff has failed to respond. Local Rule 230(l).

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Accordingly, it is HEREBY ORDERED that:

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1.

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Plaintiff is required to file an opposition or notice of non-opposition to Defendant

Tate’s motion within thirty (30) days from the date of service of this order; and

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2.

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The failure to file a response to Defendant Tate’s motion will result in dismissal

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of this action, with prejudice, for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

October 4, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Sign atur e-END:

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