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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
MARK S. SOKOLSKY,
12
Plaintiff,
13
14
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.,
15
THIRTY DAY DEADLINE TO FILE
OPPOSITION OR NON-OPPOSITION TO
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
Defendants.
16
17
18
19
Mark S. Sokolsky (“Plaintiff”) is a civil detainee proceeding pro se and in forma
20
pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On March 30, 2017,
21
Defendants Meek, Bonsu, King, Coyne, and Porter (“Defendants”) filed a motion for summary
22
judgment. (ECF No. 68.)
23
On August 17, 2017, the court issued an order requiring Plaintiff to file an opposition or
24
statement of non-opposition to Defendants’ motion for summary judgment, within twenty days.
25
(ECF No. 84.) The twenty-day deadline expired, and Plaintiff failed to respond to the court’s
26
order.
27
On September 21, 2017, the court entered findings and recommendations,
28
recommending that this case be dismissed for Plaintiff’s failure to comply with the court’s
1
1
order. (ECF No. 85.) On October 27, 2017, Plaintiff filed objections to the findings and
2
recommendations.
3
explaining that “he believed Counsel Kilgore had substituted in on this case and was moving
4
the case forward.” (Id. at 2:21-22.)
(ECF No. 89.)
Plaintiff requests the court to not dismiss this case,
5
Based on Plaintiff’s objections, the court finds good cause to vacate the findings and
6
recommendations of September 21, 2017, and allow Plaintiff thirty days in which to file an
7
opposition or statement of non-opposition to Defendants’ motion for summary judgment.
8
In light of the foregoing, IT IS HEREBY ORDERED that:
9
1.
10
11
The findings and recommendations entered on September 21, 2017, are
VACATED;
2.
Plaintiff is GRANTED thirty days from the date of service of this order in which
12
to file an opposition or statement of non-opposition to Defendants’ motion for
13
summary judgment filed on March 30, 2017; and
14
3.
15
Plaintiff=s failure to comply with this order may result in the dismissal of this
action.
16
17
18
19
IT IS SO ORDERED.
Dated:
October 31, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?