Pasillas v. Soto et al

Filing 23

ORDER REQUIRING Plaintiff to FILE Opposition or Statement of Non-Opposition to Motion for Summary Judgment; Thirty (30) Day Deadline signed by Magistrate Judge Stanley A. Boone on 3/26/2018. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 13 14 ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NONOPPOSITION TO MOTION FOR SUMMARY JUDGMENT Plaintiff, 11 12 Case No.: 1:16-cv-00487-SAB ERNESTO PASILLAS, v. (ECF No. 21) C/O SOTO, THIRTY (30) DAY DEADLINE Defendant. 15 16 Plaintiff Ernesto Pasillas is a state prisoner proceeding pro se and in forma pauperis in 17 this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s claim 18 against Defendant Soto for the failure to intervene while Plaintiff was assaulted by another 19 inmate, in violation of the Eighth Amendment. 20 On February 23, 2018, Defendant Soto filed a motion for summary judgment under 21 Federal Rule of Civil Procedure 56 on the grounds that she is entitled to judgment as a matter of 22 law on Plaintiff’s claim. (ECF No. 21) 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 24 v. Rowland, 154 F.3d 952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 25 (9th Cir. 1988). (ECF No. 21 at 1-2.) 26 Plaintiff’s response was due within twenty-one (21) days of the date of service of 27 Defendant’s motion. That deadline has passed, but Plaintiff has not filed an opposition or 28 statement of non-opposition to the motion. 1 Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an opposition or a 1 2 statement of non-opposition to Defendant’s motion within thirty (30) days. 3 4 IT IS SO ORDERED. 5 Dated: March 26, 2018 UNITED STATES MAGISTRATE JUDGE 6 7 8 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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