Tony Edinbyrd v. Davey et al
Filing
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ORDER Requiring Plaintiff's to File Opposition or Statement of Non-Opposition to 25 Motion for Summary Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 9/11/17. Thirty-Day Deadline. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TONY EDINBYRD,
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Plaintiff,
v.
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY
JUDGMENT
DAVE DAVEY, et al.,
(ECF No. 25)
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Defendants.
THIRTY (30) DAY DEADLINE
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Case No. 1:15-cv-00529-LJO-BAM (PC)
Plaintiff Tony Edinbyrd (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds
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on Plaintiff’s third amended complaint against Defendants Rocha and Lazano for failure to
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protect Plaintiff from violence at the hand of other prisoners in violation of the Eighth
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Amendment.
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On August 2, 2017, Defendants filed a motion for summary judgment. Fed. R. Civ. P. 56.
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(ECF No. 25.) Plaintiff was provided with notice of the requirements for opposing a motion for
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summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d
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952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir.1988). (ECF No.
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25-1.) Plaintiff’s opposition was due within twenty-one (21) days of service of Defendants’
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motion. More than thirty (30) days have passed, but Plaintiff has not filed an opposition or
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statement of non-opposition to the motion. Plaintiff also has not otherwise communicated with
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the Court.
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Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a
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statement of non-opposition to Defendant’s motion within thirty (30) days. Plaintiff is warned
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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 and failure to obey a court order.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
September 11, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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