Rodriguez v. CDCR Departmental Review Board et al

Filing 55

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' 52 Motion to Dismiss within Twenty-One Days, signed by Magistrate Judge Jennifer L. Thurston on 06/9/14.(21-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS V. RODRIGUEZ,
Plaintiff,

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v.
CDCR DEPARTMENT OF REVIEW
BOARD, et al.,

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1:12-cv-00757 AWI JLT (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS' MOTION
TO DISMISS WITHIN TWENTY-ONE DAYS
(Doc. 52)

Defendant(s).
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Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. '
1983. The events giving rise to Plaintiff’s claims occurred in 2009 at Kern Valley State Prison.
On April 30, 2014, Defendants filed a motion to dismiss for failure to state a claim,

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qualified immunity, and asserting that this action is barred under Heck and Balisok. (Doc. 52.)

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On May 7, 2014, a second informational order issued advising Plaintiff of the requirements to

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oppose a motion to dismiss and directing Plaintiff to file an opposition or a statement of non-

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opposition within twenty-one days. (Doc. 53.) More than 21 days have passed and Plaintiff has

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not filed 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

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within 21 days from the date of service of this order; and

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

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Dated:

June 9, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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