Hackett v. Fisher et al

Filing 38

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to 36 MOTION for SUMMARY JUDGMENT, signed by Magistrate Judge Barbara A. McAuliffe on 11/27/17. 30-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHEN HACKETT,

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Plaintiff,

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v.

Case No. 1:15-cv-00670-DAD-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY
JUDGMENT

TOOR,
(ECF No. 36)
Defendant.
THIRTY (30) DAY DEADLINE

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Plaintiff Stephen Hackett (“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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against Defendant Toor for deliberate indifference in violation of the Eighth Amendment

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regarding conduct in May to June 2016.

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On October 23, 2017, Defendant Toor filed a motion for summary judgment. Fed. R. Civ.

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P. 56. (ECF No. 36.) Plaintiff was provided with notice of the requirements for opposing a

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motion for summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland,

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154 F.3d 952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir.1988).

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(ECF No. 36-1.) Plaintiff’s opposition was due within twenty-one (21) days of service of

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Defendant’s motion. More than thirty (30) days have passed, but Plaintiff has not filed an

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opposition or statement of non-opposition to the motion. Plaintiff also has not otherwise

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communicated with 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

November 27, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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