Smith v. Green et al

Filing 26

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to 24 Motion for Summary Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 2/26/16. Thirty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD SMITH,

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Plaintiff,
v.
GREEN, et al.,

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Defendants.
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Case No.: 1:13-cv-00880-DAD-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY
JUDGMENT
(ECF No. 24)
THIRTY (30) DAY DEADLINE

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Plaintiff Clifford Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds on Plaintiff’s

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first amended complaint against Defendants Green, Wilson and Rohrdanz for deliberate indifference

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to serious medical needs in violation of the Eighth Amendment.

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On December 28, 2015, Defendants filed a combined motion for summary judgment. Fed. R.

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Civ. P. 56. (ECF No. 24.) Plaintiff was provided with notice of the requirements for opposing a motion

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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. 24-

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7.) Plaintiff’s opposition was due within twenty-one (21) days of service of Defendants’ motion.
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More than that time has passed, but Plaintiff has not filed opposition or statement of non-opposition to

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the motion. Plaintiff has also made no 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 that

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the failure to comply with this order will result in dismissal of this action, with prejudice, for

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failure to prosecute and failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 26, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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