Nogueras v. Nicoles

Filing 48

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendant's Motion to Compel 44 , signed by Magistrate Judge Sheila K. Oberto on 3/8/16. 21-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EUGENIO LUIS NOGUERAS,
Plaintiff,

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v.

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AUGUSTINA OJUKWU,
Defendant.

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1:14-cv-00470-LJO-SKO (PC)
ORDER REQUIRING PLAINTIFF TO
FILE OPPOSITION OR STATEMENT OF
NON-OPPOSITION TO DEFENDANT’S
MOTION TO COMPEL DISCOVERY
RESPONSES
(Doc. 44)
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff initiated this action based on conditions he experienced while incarcerated and is
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proceeding pro se in a civil rights action pursuant to 42 U.S.C. ' 1983. On January 14, 2016,
Defendant filed a motion to compel responses to interrogatories and to have the requests for
admissions deemed admitted. (Doc. 44.) To date, Plaintiff has not filed an opposition.

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Plaintiff is given one last opportunity to file an opposition or a statement of nonopposition to the motion within twenty-one days of the date of service of this order. Local Rule
230(l). Failure to do so will be viewed as a lack of prosecution of this action.

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Accordingly, it is HEREBY ORDERED that:

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1. Plaintiff shall file an opposition or a statement of non-opposition to Defendant’s
motion to compel discovery responses within twenty-one (21) days from the date of service of
this order; and

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2. Plaintiff is warned that the failure to comply with this order will result in
dismissal of this action, with prejudice, for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

March 8, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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