Vance Edward Johnson v. Barajas

Filing 33

ORDER REQUIRING Plaintiff to File Opposition or Statement of Non-Opposition to Defendant's Motion for Summary Judgment within Thirty Days signed by Magistrate Judge Gary S. Austin on 10/5/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VANCE EDWARD JOHNSON,

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Plaintiff,

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vs.
BARAJAS,

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Defendant.

1:14-cv-01690-LJO-GSA-PC
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT WITHIN
THIRTY DAYS
(ECF No. 29.)

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I.

BACKGROUND

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Vance Edward Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The case now proceeds with

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the First Amended Complaint filed by Plaintiff on August 21, 2015, against defendant

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Correctional Officer M. Barajas (“Defendant”) on Plaintiff’s claim of adverse conditions of

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confinement under the Eighth Amendment. (ECF No. 9.)

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On August 30, 2017, Defendant filed a motion for summary judgment. (ECF No. 29.)

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Plaintiff was required to file an opposition or a statement of non-opposition to the motion

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within twenty-one days, but has not done so. Local Rule 230(l).

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II.

CONCLUSION

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Accordingly, within thirty (30) days from the date of service of this order, Plaintiff

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must file an opposition or a statement of non-opposition to Defendant’s motion for summary
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judgment. Plaintiff’s failure to comply with this order shall result in a recommendation that

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this case be dismissed.

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IT IS SO ORDERED.
Dated:

October 5, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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