Coston v. Clark et al

Filing 44

ORDER to SHOW CAUSE signed by Magistrate Judge Michael J. Seng on 05/05/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY M. COSTON,

CASE NO. 1:14-cv-00148-AWI-MJS

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Plaintiff,

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v.

ORDER TO SHOW CAUSE
FOURTEEN-DAY DEADLINE

J.K. YU, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. This matter proceeds against

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Defendant Dr. J.K. Yu on an Eighth Amendment medical indifference claim.

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Pending before the Court is Plaintiff’s February 27, 2017, motion for summary

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judgment. Defendant responded to Plaintiff’s motion on March 3, 2017, by moving the

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Court to re-open discovery pursuant to Federal Rules of Civil Procedure 16(b) and 56(d).

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This request was denied on March 23, 2017, on the ground that Defendant failed to

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exercise due diligence during the preceding eight-month discovery period. (ECF Nos. 37,

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43.) To date, Defendant has not filed an opposition to Plaintiff’s summary judgment

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motion, and the time for filing one has now long passed. See E.D. Cal. Local Rule 230(l).

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Accordingly, IT IS HEREBY ORDERED that Defendant shall show cause within

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fourteen days why Plaintiff’s motion for summary judgment should not be granted in full

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because unopposed; alternatively, Defendant may, within that time, file an opposition to

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the pending motion for summary judgment and show cause why he should not be
sanctioned for failure to file that opposition within the time allotted.

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IT IS SO ORDERED.

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Dated:

May 5, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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