Kitchens v. Tardsen et al

Filing 56

ORDER Requiring Plaintiff to File an Opposition or Statement of Non-Opposition to Defendants' Motion to Dismiss within Twenty-One Days signed by Magistrate Judge Michael J. Seng on 02/12/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LANARD KITCHENS,

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Plaintiff,

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v.

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TORDSEN, et al.,
Defendants.

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Case No.: 1:12-cv-0105-AWI-MJS (PC)
ORDER REQUIRING PLAINTIFF TO FILE AN
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS’ MOTION TO
DISMISS WITHIN TWENTY-ONE DAYS
(ECF No. 53)

Plaintiff Lanard Kitchens (“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 January 24, 2012. (ECF No. 1.) On February 28,

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2013, the Court found that Plaintiff stated a cognizable First Amendment claim against

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Defendant Tordsen and an Eighth Amendment claim against Defendants Tordsen, Coker,

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Leach, and Day. (ECF Nos. 28-30, 32.)

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On January 3, 2014, Defendants Day, Coker, Leach, and Tordsen filed a motion to

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dismiss for failure to exhaust. (ECF No. 53.) More than twenty-one days have passed and

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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:

February 12, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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