Lescallett v. Diaz et al

Filing 32

ORDER REQUIRING PLAINTIFF to File Opposition or Statement of Non-Opposition to 28 Motion for Summary Judgment Within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 6/19/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARRELL JUNIOR LESCALLETT,

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Plaintiff,

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v.

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R. DIAZ, et al.,

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Defendants.

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1:13-cv-01342-LJO-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR
SUMMARY JUDGMENT
(ECF No. 28)
THIRTY (30) DAY DEADLINE

Plaintiff Darrell Junior Lescallett (“Plaintiff”) is a state prisoner proceeding in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds
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on Plaintiff’s claims for retaliation in violation of the First Amendment against Defendants

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Gipson, Broomfield and Doe Defendants.
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On May 17, 2016, Defendants filed a motion for summary judgment. Fed. R. Civ. P. 56.
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(ECF No. 28.) Plaintiff was provided with notice of the requirements for opposing a motion for
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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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28-3.) Plaintiff’s opposition was due within twenty-one (21) days of service of Defendants’

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motion. More than thirty (30) days have passed since the motion for summary judgment was
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filed and served, but Plaintiff has not filed any opposition or statement of non-opposition to the
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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 19, 2016

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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