Murillo v. Holland et al

Filing 130

ORDER signed by Magistrate Judge Deborah Barnes on 3/28/22 ORDERING that within 30 days of the filed date of this order, plaintiff shall file an opposition or statement of non-opposition to defendants' motions to lift the stay and to dismiss.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOAQUIN MURILLO,

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No. 1:15-cv-0266 KJM DB P

Plaintiff,
v.

ORDER

K. HOLLAND, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983.

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Plaintiff alleges defendants’ use of the Guard One security check system violated his Eighth

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Amendment rights. On December 27, 2021, defendants filed a motion to lift the stay in this case

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and to dismiss it. Plaintiff has not filed a response.

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Local Rule 230(l) states that a party shall file an opposition to a motion “not more than

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twenty-one (21) days after the date of service of the motion.” If a party does not oppose the

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motions, he must file a statement of non-opposition. If the party fails “to file an opposition or to

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file a statement of no opposition,” the court may consider that failure to be a waiver of any

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opposition to the granting of the motion and may impose sanctions.

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Plaintiff will be given additional time to file an opposition or statement of non-opposition

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to the motions to lift the stay and to dismiss. If he fails to do so, this court may recommend this

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action be dismissed for plaintiff’s failure to prosecute and failure to comply with court orders.
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See E.D. Cal. R. 110; Fed. R. Civ. P. 41.
Accordingly, IT IS HEREBY ORDERED that within 30 days of the filed date of this

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order, plaintiff shall file an opposition or statement of non-opposition to defendants’ motions to

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lift the stay and to dismiss. If plaintiff fails to comply with this order, this court may recommend

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this action be dismissed.

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Dated: March 28, 2022

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DLB:9
DB Prisoner Inbox/Civil Rights/R/muri0266.mtd oppo eot

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