Urquiza v. Yoder

Filing 18

ORDER requiring Plaintiff to file opposition to Defendant's Motion to Dismiss 15 signed by Magistrate Judge Michael J. Seng on 11/27/2017. 21-Day Filing Deadline. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HUMBERTO URQUIZA,
Plaintiff,

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v.
T. YODER,

Case No. 1:16-cv-01563-LJO-MJS (PC)
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION TO DEFENDANT’S MOTION
TO DISMISS
(ECF No. 15)

Defendant.

TWENTY-ONE (21) DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s

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Eighth Amendment claim against Defendant Yoder. (ECF No. 9.)
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On October 16, 2017, Defendant filed a motion to dismiss Plaintiff’s claim

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asserting that Plaintiff failed to exhaust administrative remedies available to him and
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that Defendant is, in any event, entitled to qualified immunity. (ECF No. 15.) Plaintiff has
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not filed an opposition or statement of non-opposition to Defendant’s motion, and the

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time for doing so has passed. Local Rule 230(l).
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The Court will give Plaintiff one further opportunity to respond to the motion:
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Plaintiff must file an opposition or a statement of non-opposition to Defendant’s motion to
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dismiss within twenty-one (21) days from the date of service of this Order. If Plaintiff fails

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to file an opposition or a statement of non-opposition to the motion, this action may be

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dismissed, with prejudice.

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IT IS SO ORDERED.
Dated:

November 27, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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