York v. CDCR Medical

Filing 38

ORDER to SHOW CAUSE Why Judgment Should Not be Entered in Favor of Defendants for Failure to Respond to Dispositive Motion signed by Magistrate Judge Erica P. Grosjean on 12/6/2017. Show Cause Response due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOROTHY YORK,

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Plaintiff,
vs.
TOCHI E. EZENWUGO,
Defendant.

1:16-cv-01034-AWI-EPG
ORDER TO SHOW CAUSE WHY
JUDGMENT SHOULD NOT BE
ENTERED IN FAVOR OF
DEFENDANTS FOR FAILURE TO
RESPOND TO DISPOSITIVE MOTION
FOURTEEN DAY DEADLINE

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Dorothy York (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. ' 1983. This case is proceeding on Plaintiff’s
Eighth Amendment claim for deliberate indifference to serious medical needs against
Defendant Ezenwugo. (ECF Nos. 8, 9.)
On June 14, 2017, Defendant Ezenwugo filed a motion for summary judgment
contending that judgment should be entered in her favor on the merits of the deliberate
indifference claim and because she is entitled to qualified immunity. (ECF Nos. 30-36.)
Defendant’s filing contained a warning to Plaintiff concerning the consequences of
failing to oppose a motion for summary judgment, including the requirements of Local Rule
260. (ECF No. 36.) Under Local Rule 230(l), Plaintiff had 21 days to respond to the motion for
summary judgment. No response has been filed as of the date of this order.
Under Local Rule 260(b), a party opposing a motion for summary judgment is required
to “reproduce the itemized facts in the [movant’s] Statement of Undisputed Facts and admit
those facts that are undisputed and deny those that are disputed, including with each denial a
citation to the particular portions of any pleading, affidavit, deposition, interrogatory answer,
admission, or other document relied upon in support of that denial.” Local Rule 230(l) further
provides that a “[f]ailure of the responding party to file an opposition or to file a statement of
no opposition may be deemed a waiver of any opposition to the granting of the motion and may
result in the imposition of sanctions.”

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Accordingly, Plaintiff is ORDERED to show cause as to why judgment should not be

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entered in favor of Defendant for Plaintiff’s failure to respond to the pending motion for

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summary judgment.
Plaintiff’s show cause response shall be filed no later than 14 days after the date of this

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order.

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IT IS SO ORDERED.
Dated:

December 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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