Selsor v. Weaver et al

Filing 25

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Motion for Summary Judgment 24 , signed by Magistrate Judge Barbara A. McAuliffe on 3/13/17. Thirty-Day Deadline. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY SELSOR,

12
13
14

Plaintiff,
v.
CASTANEDA, et al.,

15
Defendants.
16
17
18

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:15-cv-00918-LJO-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY
JUDGMENT
(ECF No. 24)
THIRTY (30) DAY DEADLINE

19
20

Plaintiff Jeffrey Selsor (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

21

in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds against

22

Defendants Docanto and Jordan for allegedly attacking him on September 20, 2014, and against

23

Defendant Castaneda for the failure to protect him from the attack in violation of the Eighth

24

Amendment.

25

On January 31, 2017, Defendant Castaneda filed a motion for summary judgment. Fed. R.

26

Civ. P. 56. (ECF No. 24.) Plaintiff was provided with notice of the requirements for opposing a motion

27

for summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir.2012); Rand v. Rowland, 154 F.3d

28

952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir.1988). (ECF No. 241

1

5.) Plaintiff’s opposition was due within twenty-one (21) days of service of Defendant’s motion.

2

More than thirty-five (35) days have passed, but Plaintiff has not filed an opposition or statement of

3

non-opposition to the motion. Plaintiff also has not otherwise communicated with the Court.

4

Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a

5

statement of non-opposition to Defendant’s motion within thirty (30) days. Plaintiff is warned that

6

the failure to comply with this order will result in dismissal of this action, with prejudice, for

7

failure to prosecute and failure to obey a court order.

8
9
10
11

IT IS SO ORDERED.
Dated:

/s/ Barbara

March 13, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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