Sokolsky v. State of California et al

Filing 84

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK S. SOKOLSKY, 12 13 14 15 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. 16 17 18 Mark S. Sokolsky (“Plaintiff”) is a civil detainee proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 20 Defendants filed a motion for summary judgment. (ECF No. 68.) Plaintiff has not filed an 21 opposition to the motion. On March 30, 2017, 22 Evidence shows that Defendants served Plaintiff with the motion for summary 23 judgment by mail on March 30, 2017, but Plaintiff refused delivery of the package. (ECF No. 24 68 #6; Exh A to ECF No. 76.) On August 16, 2017, Defendants filed a certificate of service 25 showing that they re-served the motion for summary judgment and supporting documents upon 26 Plaintiff, by personal service, on May 30, 2017. (ECF No. 83.) Under Local Rule 230(l), 27 Plaintiff was required to file an opposition or a statement of non-opposition to the motion 28 within twenty-one days but has not done so. Local Rule 230(l). 1 1 Accordingly, IT IS HEREBY ORDERED that within (20) days from the date of service 2 of this order, Plaintiff is required to file an opposition or a statement of non-opposition to 3 Defendants’ motion for summary judgment. If Plaintiff fails to comply with this order, this 4 action will be dismissed, with prejudice, for failure to obey the court’s order and failure to 5 prosecute. 6 7 8 9 IT IS SO ORDERED. Dated: August 17, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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