Tony Edinbyrd v. Davey et al

Filing 27

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONY EDINBYRD, 12 13 14 Plaintiff, v. ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY JUDGMENT DAVE DAVEY, et al., (ECF No. 25) 15 Defendants. THIRTY (30) DAY DEADLINE 16 17 Case No. 1:15-cv-00529-LJO-BAM (PC) Plaintiff Tony Edinbyrd (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds 19 on Plaintiff’s third amended complaint against Defendants Rocha and Lazano for failure to 20 protect Plaintiff from violence at the hand of other prisoners in violation of the Eighth 21 Amendment. 22 On August 2, 2017, Defendants filed a motion for summary judgment. Fed. R. Civ. P. 56. 23 (ECF No. 25.) Plaintiff was provided with notice of the requirements for opposing a motion for 24 summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 25 952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir.1988). (ECF No. 26 25-1.) Plaintiff’s opposition was due within twenty-one (21) days of service of Defendants’ 27 motion. More than thirty (30) days have passed, but Plaintiff has not filed an opposition or 28 statement of non-opposition to the motion. Plaintiff also has not otherwise communicated with 1 1 the Court. 2 Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a 3 statement of non-opposition to Defendant’s motion within thirty (30) days. Plaintiff is warned 4 that the failure to comply with this order will result in dismissal of this action, with 5 prejudice, for failure to prosecute and failure to obey a court order. 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara September 11, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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