Maddox v. Yates, et al.

Filing 47

ORDER REQUIRING PLAINTIFF to File Opposition or Statement of Non-Opposition to 45 Motion for Summary Judgment Within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 6/20/2016. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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DAVID MADDOX,

1:13-cv-00171 BAM

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v.
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Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR
SUMMARY JUDGMENT

B. ORNELLAS,

(ECF No. 45)
Defendant. THIRTY (30) DAY DEADLINE

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Plaintiff David Maddox (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds on
Plaintiff’s complaint against Defendant B. Ornellas for deliberate indifference to serious medical
needs in violation of the Eighth Amendment.
On May 19, 2016, Defendants filed a motion for summary judgment. Fed. R. Civ. P. 56.
(ECF No. 28.) Plaintiff was provided with notice of the requirements for opposing a motion for
summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir.2012); Rand v. Rowland, 154 F.3d

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952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir.1988). (ECF No.
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28, pp. 19-22.) Plaintiff’s opposition was due within twenty-one (21) days of service of

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Defendants’ motion. More than thirty (30) days have passed since the motion for summary

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judgment was filed and served, but Plaintiff has not filed any opposition or statement of non-

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opposition to the motion. Nor has Plaintiff made any other communications with the Court.

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Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a

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statement of non-opposition to Defendants’ motion within thirty (30) days. Plaintiff is warned

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that the failure to comply with this order may result in dismissal of this action, with

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prejudice, for failure to prosecute and failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 20, 2016

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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