Wooten v. California Dept. of Corrections et al

Filing 30

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendant's 27 Motion for Summary Judgment, signed by Magistrate Judge Jennifer L. Thurston on 09/28/15. (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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1:13-cv-00570-LJO-JLT (PC)

WOOTEN,

ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT'S MOTION
FOR SUMMARY JUDGMENT

Plaintiff,
v.
CALIFORNIA DEPT. OF
CORRECTIONS, et al,

(Doc. 27)

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21-DAY DEADLINE

Defendants.
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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.

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' 1983. Plaintiff is proceeding on his claims in the Third Amended Complaint against Dr. R.

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Fredrickson for deliberate indifference to Plaintiff's serious medical needs in violation of the

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Eighth Amendment. (Docs. 17, 18.) On August 3, 2015, Defendant filed a motion for summary

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judgment which included notice to Plaintiff of the requirements to oppose the motion. (Doc. 27.)

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Further, on August 5, 2015, the Second Informational Order issued which notified Plaintiff of the

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requirements to adequately oppose a motion for summary judgment in detail and that his

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opposition was due within 21 days of service of Defendant's motion. (Doc. 29.) Plaintiff has not

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filed an opposition or a statement of non-opposition to the motion despite lapse of the requisite

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time. Local Rule 230(l).

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Accordingly, it is HEREBY ORDERED that:

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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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Plaintiff is warned that the failure to comply with this order will result
dismissal of this action, with prejudice, for failure to prosecute.

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IT IS SO ORDERED.
Dated:

September 28, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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