Sokolsky v. State of California et al
Filing
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ORDER REQUIRING Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' Motion for Summary Judgment within Twenty (20) Days signed by Magistrate Judge Gary S. Austin on 8/17/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARK S. SOKOLSKY,
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1:13-cv-02044-LJO-GSA-PC
Plaintiff,
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
WITHIN TWENTY(20) DAYS
(ECF No. 68.)
vs.
STATE OF CALIFORNIA, et al.,
Defendants.
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Mark S. Sokolsky (“Plaintiff”) is a civil detainee proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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Defendants filed a motion for summary judgment. (ECF No. 68.) Plaintiff has not filed an
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opposition to the motion.
On March 30, 2017,
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Evidence shows that Defendants served Plaintiff with the motion for summary
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judgment by mail on March 30, 2017, but Plaintiff refused delivery of the package. (ECF No.
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68 #6; Exh A to ECF No. 76.) On August 16, 2017, Defendants filed a certificate of service
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showing that they re-served the motion for summary judgment and supporting documents upon
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Plaintiff, by personal service, on May 30, 2017. (ECF No. 83.) Under Local Rule 230(l),
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Plaintiff was required to file an opposition or a statement of non-opposition to the motion
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within twenty-one days but has not done so. Local Rule 230(l).
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Accordingly, IT IS HEREBY ORDERED that within (20) days from the date of service
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of this order, Plaintiff is required to file an opposition or a statement of non-opposition to
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Defendants’ motion for summary judgment. If Plaintiff fails to comply with this order, this
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action will be dismissed, with prejudice, for failure to obey the court’s order and failure to
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prosecute.
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IT IS SO ORDERED.
Dated:
August 17, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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