Washington v. Rough et al

Filing 36

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to 35 Motion for Summary Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 2/6/18. 30-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 JESSE WASHINGTON, 10 11 12 Plaintiff, v. P. ROUCH, et al., 13 Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-00725-DAD-BAM (PC) ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY JUDGMENT (ECF No. 35) THIRTY (30) DAY DEADLINE 16 17 Plaintiff Jesse Washington is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. This case currently proceeds on Plaintiff’s Eighth 19 Amendment claim of deliberate indifference to his medical needs against Defendants Rouch and 20 Sisodia. 21 On January 5, 2018, Defendants filed a motion for summary judgment pursuant to Federal 22 Rule of Civil Procedure 56. (ECF No. 35.) Plaintiff was provided with notice of the requirements for 23 opposing a motion for summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. 24 Rowland, 154 F.3d 952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir. 25 1988). (ECF No. 35-1.) 26 Plaintiff’s response was due within twenty-one (21) days of the date of service of Defendants’ 27 motion. That deadline has passed, but Plaintiff has not filed an opposition or statement of non- 28 opposition to the motion. Plaintiff also has not otherwise communicated with the Court. 1 1 Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a 2 statement of non-opposition to Defendants’ motion for summary judgment within thirty (30) days. 3 Plaintiff is warned that the failure to comply with this order may result in the imposition of 4 sanctions, including a recommendation to dismiss this action. 5 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara February 6, 2018 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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