Pleasant v. County of Merced et al

Filing 38

SECOND INFORMATIONAL ORDER - Notice and Warning of Requirements for Opposing Defendants' Motion to Dismiss signed by Magistrate Judge Sheila K. Oberto on 4/21/2017. Response due within twenty-one (21) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERRY K. PLEASANT,

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Plaintiff,
v.

(Doc. 37)
Defendants.
21-DAY DEADLINE

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SECOND INFORMATIONAL ORDER NOTICE AND WARNING OF
REQUIREMENTS FOR OPPOSING
DEFENDANTS' MOTION TO DISMISS

COUNTY OF MERCED, et al.,

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Case No. 1:13-cv-00805-AWI-SKO (PC)

Defendants have filed a motion to dismiss this action. Pursuant to Woods v. Carey, 684
F.3d 934 (9th Cir. 2012), cert denied --- U.S. ---, 135 S.Ct. 228 (2014), Rand v. Rowland, 154
F.3d 952 (9th Cir. 1998), and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), the Court
hereby notifies Plaintiff of the rights and requirements for opposing the motion.
1. Unless otherwise ordered, all motions to dismiss shall be briefed in accordance with
Local Rule 230(l).
2. Plaintiff is required to file an opposition or a statement of non-opposition to
Defendants' motion to dismiss. Local Rule 230(l). If Plaintiff fails to file an opposition or a
statement of non-opposition to the motion, this action may be dismissed, with prejudice, for
failure to prosecute. Local Rule 230(l) requires the opposition, or statement of non-opposition
be filed not more than 21 days after the date of service of the motion. Id. However, Plaintiff is
granted 21 days from the service of this order to file his opposition or statement of nonopposition.

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3. Failure to comply with the Federal Rules of Civil Procedure, or the Local Rules of the
Eastern District of California may result in the imposition of sanctions including but not limited
to dismissal of the action or entry of default.

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4. Failure to comply with this order will result in recommendation that this action
be dismissed for Plaintiff’s failure to comply with the Court’s order and to prosecute this
action.

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IT IS SO ORDERED.
Dated:

April 21, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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