Garcia v. California Department of Corrections and Rehabilitation et al

Filing 28

ORDER REQUIRING Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' Motion to Dismiss; Twenty-One (21) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 6/7/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS A. GARCIA,

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Plaintiff,

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v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Case No.: 1:14-cv-00459-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS’ MOTION TO
DISMISS
(ECF No. 25)
TWENTY-ONE (21) DAY DEADLINE

Plaintiff Jesus A. Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds on

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Plaintiff’s claims for deliberate indifference to his health and safety in violation of the Eighth

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Amendment against Defendants J. Mejia and J. Faure.
On May 4, 2016, Defendants filed a motion to dismiss Plaintiff’s complaint under Federal Rule

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of Civil Procedure 12(b)(6) for failure to state a claim.1 (ECF No. 15.) The notice of motion that

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accompanied the motion expressly notified Plaintiff that his response to the motion to dismiss must be

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filed not more than twenty-one (21) days after the date of service of that motion. Local Rule 230(l).

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The motion was originally filed by Defendant Faure, and was joined by Defendant Mejia. (ECF No.

27.)

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Thus, Plaintiff’s response to that motion was due on or before May 31, 2016. That date has passed,

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and Plaintiff has not yet filed any response.

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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 warned

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that the failure to comply with this order will result in a recommendation to dismiss this action,

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with prejudice, for failure to prosecute and failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 7, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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