Hawkins v. Ibarra et al

Filing 38

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition within Twenty-One Days, signed by Magistrate Judge Barbara A. McAuliffe on 11/25/2015.(21-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOMER EARL HAWKINS,

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Plaintiff,
v.
S. IBARRA, et al.,
Defendants.

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1:14-cv-00009-AWI-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION WITHIN TWENTY-ONE
DAYS
(ECF No. 28)

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Plaintiff Homer Earl Hawkins (“Plaintiff”) is proceeding pro se in this civil rights action

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filed pursuant to 42 U.S.C. § 1983. The action was removed to this Court on January 2, 2014.

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This action currently proceeds on Plaintiff’s claim for excessive force in violation of the Eighth

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Amendment against Defendant Ibarra.

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On October 19, 2015, Defendants filed a motion for summary judgment on the grounds

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that (1) Plaintiff’s claim of excessive force is barred under Heck v. Humphrey, 512 U.S. 477

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(1994), and Edwards v. Balisok, 520 U.S. 648 (1997); (2) Plaintiff cannot present evidence

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sufficient to support a finding that Defendant Ibarra acted with a malicious or sadistic intention

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to cause harm; and (3) Defendant Ibarra is entitled to qualified immunity. Fed. R. Civ. P. 56.

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Plaintiff was provided with notice of the requirements for opposing a motion for summary

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judgment. (ECF No. 32.) Plaintiff’s opposition was due on or before November 12, 2015. To

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date, Plaintiff has not filed an opposition.

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Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a

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statement of non-opposition to Defendant’s motion within twenty-one (21) days. Plaintiff is

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warned that the failure to comply with this order will result in dismissal of this action, with

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prejudice, for failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 25, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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