Morgan v. Mays et al

Filing 29

ORDER REQUIRING Plaintiff to Respond to Defendant's Motion for Sanctions, Including Dismissal of Action; Fourteen (14) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 6/15/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY M. MORGAN,

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Plaintiff,
v.
MARTHA MAYS,
Defendant.

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1:16-cv-00149-BAM (PC)
ORDER REQUIRING PLAINTIFF TO
RESPOND TO DEFENDANT’S MOTION
FOR SANCTIONS, INCLUDING
DISMISSAL OF ACTION
(ECF No. 28)
FOURTEEN (14) DAY DEADLINE

Plaintiff Anthony M. Morgan is a state prisoner proceeding pro se and in forma pauperis

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

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Plaintiff’s claim against Defendant Mays for delay of medical treatment in violation of the

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Eighth Amendment.

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On February 22, 2017, Defendant Mays filed a motion to compel certain discovery

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responses. (ECF No. 26.) The time for Plaintiff to file any opposition to that motion expired, and

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Plaintiff did not respond. Local Rule 230(l). Accordingly, on March 27, 2017, the Court ordered

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Plaintiff to file an opposition or statement of non-opposition to Defendant’s motion to compel

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within thirty days. (ECF No. 27.) No response was filed.

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On May 15, 2017, Defendant Mays filed a motion for sanctions, including dismissal of

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this action with prejudice. (ECF No. 28.) Defendant’s motion is made on the grounds that

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Plaintiff has still not responded to discovery, or complied with the Court’s March 27, 2017 order

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requiring a response to Defendant’s motion to compel. The time for Plaintiff to file any

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opposition to that motion has expired, and Plaintiff has not responded. Local Rule 230(l).

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Accordingly, Plaintiff is HEREBY ORDERED to file an opposition or a statement of

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non-opposition to Defendants’ motions for sanctions, (ECF No. 28), within fourteen (14) days.

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Any request for an extension of time to comply with this order will require a showing of good

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cause.

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Plaintiff is warned that the failure to comply with this order may result in the
imposition of sanctions, up to and including the dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 15, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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