Matthews v. Holland

Filing 23

SECOND INFORMATIONAL ORDER, Notice and Warning of Requirements for Opposing Defendants' 22 Motion to Dismiss signed by Magistrate Judge Sheila K. Oberto on 08/03/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IVAN LEE MATTHEWS,

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Plaintiff,
v.

(Doc. 22)
Defendants.
21-DAY DEADLINE

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SECOND INFORMATIONAL ORDER NOTICE AND WARNING OF
REQUIREMENTS FOR OPPOSING
DEFENDANTS' MOTION TO DISMISS

HOLLAND, et al.,

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Case No. 1:14-cv-01959-SKO (PC)

Defendant has filed a motion to dismiss this action. Pursuant to Woods v. Carey, 684 F.3d
934 (9th Cir. 2012), cert denied --- U.S. ---, 135 S.Ct. 228 (2014), Rand v. Rowland, 154 F.3d 952
(9th Cir. 1998), and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), the Court hereby
notifies Plaintiff of the rights and requirements for opposing the motion.
1. Unless otherwise ordered, all motions to dismiss shall be briefed in accordance with
Local Rule 230(l).
2. Plaintiff is required to file an opposition or a statement of non-opposition to
Defendants' motion to dismiss. Local Rule 230(l). If Plaintiff fails to file an opposition or a
statement of non-opposition to the motion, this action may be dismissed, with prejudice, for
failure to prosecute. Local Rule 230(l) requires the opposition, or statement of non-opposition be
filed not more than 21 days after the date of service of the motion. Id. However, Plaintiff is
granted 21 days from the service of this order to file his opposition or statement of nonopposition.

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3. Failure to comply with this order, the Federal Rules of Civil Procedure, or the Local
Rules of the Eastern District of California may result in the imposition of sanctions including but
not limited to dismissal of the action or entry of default.

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IT IS SO ORDERED.
Dated:

August 3, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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