Patkins v. Alomari et al

Filing 41

ORDER DISCHARGING Order to Show Cause and Ordering Defendants to Re-Serve their Motion for Summary Judgment on Plaintiff 39 , signed by Magistrate Judge Jennifer L. Thurston on 9/28/2016.(Case Management Deadline: 9/30/2016) (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DAVID C. PATKINS,
Plaintiff,

12
13

v.

14

Case No. 1:14-cv-00674-LJO-JLT (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND ORDERING DEFENDANTS TO
RE-SERVE THEIR MOTION FOR SUMMARY
JUDGMENT ON PLAINTIFF

ALOMARI, et al.,
(Doc. 39)

15

Defendants.

16
17

Plaintiff is proceeding on the First Amended Complaint against Defendants I. Vargas and

18

T. Davies for retaliation in violation of the First Amendment. The defendants filed a motion for

19

motion for summary judgment and asset that the plaintiff failed to exhaust administrative

20

remedies prior to filing suit is pending. (Docs. 34.) The Court granted the plaintiff’s request to

21

open discovery on the issue of exhaustion on April 13, 2016. (Doc. 38.) The order that granted

22

Plaintiff’s request set forth specific parameters as to what discovery was allowed, set a deadline

23

for the completion of the discovery, and ordered the plaintiff to file an opposition or a statement

24

of non-opposition to the motion by July 12, 2016. (Id.)

25

Two months after that deadline, the Court ordered the plaintiff to show cause why the

26

action should not be dismissed for his failure to prosecute the action and to obey the Court’s

27

order. (Doc. 39.) Plaintiff responded to the OSC by stating that he had not received a copy of

28

Defendants’ renewed motion for summary judgment. (Doc. 40.)
1

1

Accordingly, the Court ORDERS:

2

1. The order to show cause (Doc. 39) is DISCHARGED;

3

2. No later than September 30, 2016, Defendants shall re-serve their motion for

4

summary judgment and all accompanying documents on Plaintiff;

5

3. No later than October 31, 2016, Plaintiff shall file an opposition to the motion or a

6

statement of non-opposition to Defendants’ renewed motion for summary judgment.

7

Plaintiff’s failure to comply with this order will result in a recommendation that this action

8

be dismissed for Plaintiff’s failure to prosecute and to obey the court’s order.

9
10
11

IT IS SO ORDERED.
Dated:

September 28, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2