Avalos v. Carpenter et al

Filing 19

SECOND INFORMATIONAL ORDER - Notice and Warning of Requirements for Opposing Defendants' Motion to Dismiss, signed by Magistrate Judge Jennifer L. Thurston on 4/5/2016. Opposition or Statement of Non-Opposition due within twenty-one (21) days. (Jessen, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11

ANGEL AVALOS,
Plaintiff,

12
13
14

v.

Case No. 1:15-cv-00369-LJO-JLT (PC)
SECOND INFORMATIONAL ORDER NOTICE AND WARNING OF
REQUIREMENTS FOR OPPOSING
DEFENDANTS' MOTION TO DISMISS

CARPENTER, et al.,
(Doc. 12)
Defendants.

15

21-DAY DEADLINE

16
17
18
19
20
21
22
23
24
25
26
27
28

Defendants have filed a motion to dismiss this action. Pursuant to Woods v. Carey, Nos.
09-15548, 09-16113, 2012 WL 2626912 (9th Cir. Jul. 6, 2012), Wyatt v. Terhune, 315 F.3d 1108
(9th Cir. 2003), 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 following rights and
requirements for opposing the motion:
1. Unless otherwise ordered, all motions to dismiss shall be briefed pursuant to 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 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

1

1
2

21 days from the service of this order to file his opposition or statement of non-opposition.
3. Failure to comply with this order, the Federal Rules of Civil Procedure, or the Local

3

Rules of the Eastern District of California may result in the imposition of sanctions including but

4

not limited to dismissal of the action or entry of default.

5
6
7

IT IS SO ORDERED.
Dated:

April 5, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2