Sokolsky v. State of California et al

Filing 90

ORDER VACATING Findings and Recommendations Entered on September 21, 2017 85 ; THIRTY DAY DEADLINE to File Opposition or Non-Opposition to Defendants' Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 10/31/17. (Hellings, J)

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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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Plaintiff,

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1:13-cv-02044-LJO-GSA-PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS ENTERED ON
SEPTEMBER 21, 2017
(ECF No. 85.)

vs.
STATE OF CALIFORNIA, et al.,

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THIRTY DAY DEADLINE TO FILE
OPPOSITION OR NON-OPPOSITION TO
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT

Defendants.

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Mark S. Sokolsky (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On March 30, 2017,

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Defendants Meek, Bonsu, King, Coyne, and Porter (“Defendants”) filed a motion for summary

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judgment. (ECF No. 68.)

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On August 17, 2017, the court issued an order requiring Plaintiff to file an opposition or

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statement of non-opposition to Defendants’ motion for summary judgment, within twenty days.

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(ECF No. 84.) The twenty-day deadline expired, and Plaintiff failed to respond to the court’s

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order.

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On September 21, 2017, the court entered findings and recommendations,

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recommending that this case be dismissed for Plaintiff’s failure to comply with the court’s
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order. (ECF No. 85.) On October 27, 2017, Plaintiff filed objections to the findings and

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recommendations.

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explaining that “he believed Counsel Kilgore had substituted in on this case and was moving

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the case forward.” (Id. at 2:21-22.)

(ECF No. 89.)

Plaintiff requests the court to not dismiss this case,

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Based on Plaintiff’s objections, the court finds good cause to vacate the findings and

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recommendations of September 21, 2017, and allow Plaintiff thirty days in which to file an

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opposition or statement of non-opposition to Defendants’ motion for summary judgment.

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In light of the foregoing, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations entered on September 21, 2017, are
VACATED;

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Plaintiff is GRANTED thirty days from the date of service of this order in which

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to file an opposition or statement of non-opposition to Defendants’ motion for

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summary judgment filed on March 30, 2017; and

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3.

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Plaintiff=s failure to comply with this order may result in the dismissal of this
action.

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IT IS SO ORDERED.
Dated:

October 31, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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