Coats v. Chaudhri et al

Filing 35

ORDER to file opposition or statement of non-opposition to 31 MOTION for SUMMARY JUDGMENT signed by District Judge Anthony W. Ishii on 12/12/2016. (Filing Deadline: 1/17/2017).(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM THOMAS COATS, 12 13 14 15 16 17 Plaintiff, v. Case No. 1:13-cv-02032-AWI-BAM (PC) ORDER TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT MUHAMMAD CHAUDHRI, et al. (ECF No. 31) Defendants. THIRTY (30) DAY DEADLINE William Thomas Coats (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983.This action currently proceeds on 19 Plaintiff’s complaint filed on December 12, 2013 against Defendants Chaudhri and John Doe 20 medical staff for deliberate indifference to serious medical needs. (ECF No. 10.) 21 On November 10, 2016, Defendant Chaudhri filed a motion for summary judgment. (ECF 22 No. 31.) Plaintiff was provided with notice of the requirements for opposing that motion. Woods 23 v. Carey, 684 F.3d 934 (9th Cir.2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir.1988); 24 Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir.1988). (ECF No. 31-6 at p. 1.) Plaintiff’s 25 opposition was due within twenty-one (21) days of service of Defendant Chaudhri’s motion. 26 More than thirty (30) days have passed since the motion for summary judgment was filed, but 27 Plaintiff has not filed any opposition or statement of non-opposition to the motion, nor has 28 Plaintiff made any other communications with the Court. 1 1 Under Local Rule 230(l), the Court HEREBY ORDERS Plaintiff to file an opposition or 2 statement of non-opposition to Defendant Chaudhri’s motion for summary judgment within 3 thirty (30) days of service of this order. Plaintiff is warned that the failure to comply with this 4 order may result in dismissal of this action, with prejudice, for failure to prosecute and 5 failure to obey a court order. 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara December 12, 2016 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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