Rowland v. Beard et al
ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to 18 MOTION for SUMMARY JUDGMENT, signed by Magistrate Judge Barbara A. McAuliffe on 5/2/17. Thirty-Day Deadline. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASEY LEE ROWLAND,
Case No. 1:15-cv-01475-BAM (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY
JEFFREY A. BEARD, et al.,
(ECF No. 18)
THIRTY (30) DAY DEADLINE
Plaintiff Casey Lee Rowland (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds on
Plaintiff’s first amended complaint for: (1) an Eighth Amendment claim against Defendants
Vasquez, Leon, Llamas, and Pavich in their individual capacities arising out of allegations of
sewage overflowing into Plaintiff’s cell and lack of cleaning supplies; (2) an Eighth Amendment
claim against Defendant Leon in her individual capacity arising out of allegations that Defendant
Leon labelled Plaintiff a snitch; (3) an Eighth Amendment claim for deliberate indifference to
serious medical needs against Defendant Melo in his individual capacity; and (4) a First
Amendment retaliation claim against Defendant Leon in her individual capacity. (ECF Nos. 13,
On March 28, 2017, Defendants Leon, Llamas, Melo, Pavich, and Vasquez filed a motion
for summary judgment under Federal Rule of Civil Procedure 56 for failure to exhaust
administrative remedies. (ECF No. 18.) Plaintiff was provided with notice of the requirements
for opposing a motion for summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012);
Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–
12 (9th Cir. 1988). (ECF No. 18-1.) Plaintiff’s opposition was due within twenty-one (21) days
of service of Defendant’s motion. More than thirty (30) days have passed, but Plaintiff has not
filed an opposition or statement of non-opposition to the motion. Plaintiff also has not otherwise
communicated with the Court.
Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a
statement of non-opposition to Defendant’s motion within thirty (30) days. Plaintiff is warned
that the failure to comply with this order will result in dismissal of this action, with
prejudice, for failure to prosecute and failure to obey a court order.
IT IS SO ORDERED.
May 2, 2017
UNITED STATES MAGISTRATE JUDGE
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