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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HUMBERTO URQUIZA, Plaintiff, 12 13 14 15 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 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 19 rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s 20 Eighth Amendment claim against Defendant Yoder. (ECF No. 9.) 21 On October 16, 2017, Defendant filed a motion to dismiss Plaintiff’s claim 22 asserting that Plaintiff failed to exhaust administrative remedies available to him and 23 that Defendant is, in any event, entitled to qualified immunity. (ECF No. 15.) Plaintiff has 24 not filed an opposition or statement of non-opposition to Defendant’s motion, and the 25 time for doing so has passed. Local Rule 230(l). 26 The Court will give Plaintiff one further opportunity to respond to the motion: 27 Plaintiff must file an opposition or a statement of non-opposition to Defendant’s motion to 28 1 dismiss within twenty-one (21) days from the date of service of this Order. If Plaintiff fails 2 to file an opposition or a statement of non-opposition to the motion, this action may be 3 dismissed, with prejudice. 4 5 6 IT IS SO ORDERED. Dated: November 27, 2017 /s/ 7 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 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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