Noriega v. Cate et al

Filing 26

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition Within Twenty-One Days signed by Magistrate Judge Barbara A. McAuliffe on 5/11/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BERNIE NORIEGA,
Plaintiff,

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v.

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ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION WITHIN TWENTY-ONE
DAYS

MATTHEW CATE, et al.,

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Case No. 1:13-cv-01420-LJO-BAM PC

Defendants.
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(ECF No. 21)
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Plaintiff Bernie Noreiga, a former state prisoner proceeding pro se and in forma pauperis,

17 filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 9, 2013. This action
18 proceeds against Defendant Bunnell for deliberate indifference to Plaintiff’s serious medical needs
19 in violation of the Eighth Amendment to the United States Constitution.
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On January 28, 2015, Defendant Bunnell filed a motion for summary judgment. Fed. R.

21 Civ. P. 56. In lieu of an opposition, Plaintiff filed a motion to appoint counsel, along with a
22 request for a thirty-day extension of time. (ECF No. 24.) On April 2, 2015, the Court denied,
23 without prejudice, the motion to appoint counsel. However, the Court granted Plaintiff’s motion
24 for an extension of time and directed Plaintiff to file his opposition within thirty (30) days after
25 service. (ECF No. 25.) Plaintiff’s opposition was due on May 5, 2015. To date, Plaintiff has not
26 filed an opposition.
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Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a

28 statement of non-opposition to Defendant’s motion within twenty-one (21) days. Plaintiff is

1 warned that the failure to comply with this order will result in dismissal of this action, with
2 prejudice, for failure to prosecute.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 11, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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