Singleton v. Fortune et al

Filing 67

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendant Fortune's Motion for Summary Judgment Within Thirty (30) Days signed by Magistrate Judge Gary S. Austin on 3/23/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMAR SINGLETON, SR.,

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Plaintiff,
vs.
DR. FORTUNE, et al.,
Defendants.

1:17-cv-00124-DAD-GSA-PC
ORDER REQUIRING PLAINTIFF TO
FILE OPPOSITION OR STATEMENT
OF NON-OPPOSITION TO
DEFENDANT FORTUNE’S MOTION
FOR SUMMARY JUDGMENT
(ECF No. 57.)
THIRTY-DAY DEADLINE

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Lamar Singleton, Sr., (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds

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with the First Amended Complaint filed on February 19, 2016, against defendant Fortune

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(“Defendant”) on Plaintiff’s medical claim pursuant to the Eighth Amendment. (ECF No. 25.)

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On January 29, 2018, the court issued an order requiring the parties to notify the court

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whether a settlement conference would be beneficial at this time. (ECF No. 60.) On January

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31, 2018, Defendant responded, advising the court that he does not believe in good faith that a

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settlement in this case is a possibility at this time. (ECF No. 61.) The court will not schedule a

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settlement conference without assurances by all of the parties that they are willing to participate

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and believe, in good faith, that settlement in this case is more than a remote possibility.

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Therefore, a settlement conference shall not be scheduled by the court at this time.
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On January 23, 2018, defendant Fortune filed a motion for summary judgment. (ECF

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No. 57.) Plaintiff was required to file an opposition or a statement of non-opposition to the

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motion within twenty-one days, but has failed to do so. Local Rule 230(l).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within thirty (30) days from the date of service of this order, Plaintiff must file

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an opposition or a statement of non-opposition to Defendant Fortune’s motion

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for summary judgment; and

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2.

Plaintiff’s failure to comply with this order shall result in a recommendation that
this case be dismissed for failure to obey the court’s order and failure to

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prosecute.

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IT IS SO ORDERED.
Dated:

March 23, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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