Cruz v. Espinosa, et al.

Filing 25

ORDER REQUIRING Plaintiff to File Opposition or Statement of Non-Opposition within Twenty-One Days signed by Magistrate Judge Barbara A. McAuliffe on 8/25/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY CRUZ,

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Plaintiff,
v.
M. ESPINOSA, et al.,
Defendants.

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Case No.: 1:13-cv-01762-BAM PC
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION WITHIN TWENTY-ONE DAYS
(ECF No. 21)

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Plaintiff Larry Cruz (“Plaintiff”), a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983, initiated this action on November 1, 2013. This action proceeds on

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Plaintiff’s claims against Defendants Dunn, Hiracheta, Silva and Espinosa for excessive force in

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violation of the Eighth Amendment.

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On July 24, 2015, Defendants filed a motion for summary judgment for failure to exhaust

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administrative remedies. Fed. R. Civ. P. 56. Plaintiff was provided with notice of the requirements

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for opposing a motion for summary judgment. (ECF No. 21-4.) Plaintiff’s opposition was due on or

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before August 14, 2015. To date, Plaintiff has not filed an opposition.

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Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a
statement of non-opposition to Defendant’s motion within twenty-one (21) days. Plaintiff is warned

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

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failure to prosecute.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

August 25, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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