De Leon v. Allison et al

Filing 42

ORDER DIRECTING Plaintiff to File a Response to Defendants' Motion for Summary Judgment, Filed August 6, 2015 40 , signed by Magistrate Judge Stanley A. Boone on 9/16/15: 21-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS DE LEON,

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Plaintiff,
v.
KATHLEEN ALLISON, et al.,
Defendants.

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Case No.: 1:13-cv-00257-AWI-SAB (PC)
ORDER DIRECTING PLAINTIFF TO FILE A
RESPONSE TO DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT, FILED AUGUST 6,
2015
[ECF No. 40]

Plaintiff Jesus DeLeon is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
This action is proceeding against Defendants F. Vasquez, K. Allison, W. J. Sullivan, K. Clark,

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T. Wan. C. Moreno, R. Tolsen, B. Peterson, P. Diaz, S. Sherman, C. Garza, D. Goss, D. Artis, D.

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Foster, and Doe 1-10 for denial of outdoor exercise, and against Defendants F. Vasquez, C. Moreno,

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R. Tolsen, B. Peterson, K. Clark, W. J. Sullivan, K. Allison, P. Diaz, S. Sherman, R. Gomez, D. Artis,

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D, Foster, and Does 1-10, for an Equal Protection violation.

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On August 6, 2015, Defendants Allison, Artis, Clark, Diaz, Foston, Garza, Goss, Hernandez,

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Moreno, Peterson, Sherman, Sullivan, Tolson, Vasquez, and Wan filed a motion for summary

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judgment. Fed. R. Civ. P. 56. To date, Plaintiff has not filed a response. In addition, Defendants

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submit, by way of motion to dismiss for failure to prosecute, that Plaintiff is presently incarcerated at

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North Kern State Prison, despite the address of record as Pleasant Valley State Prison. (ECF No. 41.)
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Plaintiff has failed to notify the Court of such address change and service at the address of record

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remains effective. Local Rules 182(f), 183(b).
Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or

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statement of non-opposition to Defendants’ motion for summary judgment within twenty-one (21)

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days. Plaintiff is warned that the failure to comply with this order will result in dismissal of this

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action, with prejudice, for failure to prosecute. In an abundance of caution, the Clerk of Court is

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directed to serve a copy of this order on Plaintiff at North Kern State Prison, P.O. Box 567, Delano,

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CA 93215-0567, in addition to Plaintiff’s address of record.

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IT IS SO ORDERED.

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Dated:

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September 16, 2015
UNITED STATES MAGISTRATE JUDGE

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