Oden v. State of California, et al.

Filing 45

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' 42 MOTION to DISMISS, signed by Magistrate Judge Barbara A. McAuliffe on 11/16/2017. (Case Management Deadline: 21-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERRICK JESUS ODEN,

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Plaintiff,

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v.

Case No. 1:14-cv-00873-LJO-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS’ MOTION
TO DISMISS

STATE OF CALIFORNIA, et al.,
(ECF No. 42)

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Defendants.
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Derrick Jesus Oden (“Plaintiff”) is a state prisoner proceeding pro se and in

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

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proceeds on Plaintiff’s third amended complaint against Defendants Acebedo, Swaim, and

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Thomas (“Defendants”) for deliberate indifference to a serious risk in violation of the Eighth

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Amendment.

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On October 16, 2017, Defendants filed a motion to dismiss Plaintiff’s third amended

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complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which

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relief can be granted. (ECF No. 42.) Plaintiff’s opposition was due on or before November 9,

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2017. To date, Plaintiff has not filed an opposition.

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Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a
statement of non-opposition to Defendants’ motion within twenty-one (21) days. Plaintiff is
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warned that the failure to comply with this order will result in dismissal of this action, with

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prejudice, for failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 16, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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