LeCompte v. Dhah et al

Filing 39

ORDER Regarding Plaintiff's Failure to Oppose Defendants' Motions for Summary Judgment signed by Magistrate Judge Dennis L. Beck on 12/02/2014. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY LECOMPTE, 12 13 14 Plaintiff, v. DHAH, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:11cv02105 LJO DLB (PC) ORDER REGARDING PLAINTIFF’S FAILURE TO OPPOSE DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT TWENTY-ONE DAY DEADLINE 17 Plaintiff Timothy LeCompte (“Plaintiff”) is a prisoner in the custody of the California 18 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this civil 19 rights action pursuant to 42 U.S.C. § 1983. On February 1, 2013, the Court ordered that the action 20 proceed on Plaintiff’s Eighth Amendment claim against Defendants Dhah, Moon, Wang, Macias and 21 Zamora. 22 On September 2, 2014, Defendant Dhah filed a motion for summary judgment. 23 On October 6, 2014, Defendants Macias, Moon, Wang and Zamora filed their motion for 24 summary judgment. 25 26 27 28 1 1 2 Both motions contained the requirements for opposing summary judgment. However, Plaintiff has not filed an opposition to either motion.1 3 4 5 6 This order serves to notify Plaintiff that if he does not file an opposition to the pending motions within twenty-one (21) days of the date of this order, they will be decided without his input. Defendants may file a reply to Plaintiff’s oppositions, if any, within seven (7) days of the date of service. 7 8 IT IS SO ORDERED. 9 Dated: 10 /s/ Dennis December 2, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 On September 18, 2014, an order was returned to this Court as “Undeliverable, Inmate Refused.” However, a subsequent order was not returned. 2

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