York v. Stewart et al

Filing 25

ORDER REQUIRING Plaintiff to File Opposition or Statement of Non-Opposition to 24 Motion for Summary Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 7/19/17. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,

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Plaintiff,

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v.

No. 1:15-cv-01828-DAD-BAM
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY
JUDGMENT

M. STEWART, et al.,
(ECF No. 24)
Defendants.
THIRTY (30) DAY DEADLINE

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Plaintiff Reginald Ray York (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s claims against

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Defendant Garcia for excessive force, Defendant Neighbors for failure to protect Plaintiff from

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the use of force, and Defendants Garcia, Neighbors, and Stewart for failure to decontaminate

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plaintiff’s cell. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.

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On June 15, 2017, Defendant Stewart filed a motion for summary judgment under Federal

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Rule of Civil Procedure 56 for failure to exhaust administrative remedies. (ECF No. 24.)

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Plaintiff was provided with notice of the requirements for opposing a motion for summary

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judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957
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(9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir. 1988). (ECF No. 24-3.)

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Plaintiff’s response was due within twenty-one (21) days of the date of service of Defendant’s

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motion. That deadline has passed, but Plaintiff has not filed an opposition or statement of non-

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opposition to the motion. Plaintiff also has not otherwise 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 may result in the imposition of sanctions,

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including a recommendation to dismiss this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 19, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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