Furnace v. Gipson et al

Filing 53

ORDER REQUIRING Plaintiff to File Opposition to Defendants' Motion to Dismiss, signed by Magistrate Judge Michael J. Seng on 4/4/16. Twenty One Day Deadline. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD T. FURNACE, Plaintiff, 12 13 14 15 Case No. 1:14-cv-00814-LJO-MJS (PC) ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS v. CONNIE GIPSON, et al., (ECF No. 51) Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 19 rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s 20 First Amendment claim against Defendants Connie Gipson, Kimbrell, Swift, Allen, 21 Robicheaux, Graves, and Sexton. (ECF No. 16.) 22 On February 26, 2016, Defendants filed a motion to dismiss for failure to state a 23 claim. (ECF No. 51.) Plaintiff has not filed an opposition or statement of non-opposition 24 to Defendant’s motion, and the time for doing so has passed. Local Rule 230(l). The 25 Court will give Plaintiff one further opportunity to respond to the motion: Plaintiff must 26 file an opposition or a statement of non-opposition to Defendants’ motion to dismiss 27 within twenty-one (21) days from the date of service of this Order. If Plaintiff fails to file 28 1 an opposition or a statement of non-opposition to the motion, this action may be 2 dismissed, with prejudice, for failure to prosecute and failure to obey a court order. 3 4 5 IT IS SO ORDERED. Dated: April 4, 2016 /s/ 6 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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