Singleton v. Fortune et al

Filing 76

ORDER in Response to Plaintiff's 75 Objections; Twenty-Day Deadline to: (1) FILE New Objections, or (2) FILE Opposition to Defendant's Motion to Compel; ORDER for Clerk to Send Copy of 51 Motion to Compel to Plaintiff signed by Magistrate Judge Gary S. Austin on 6/12/2018. (Sant Agata, S)

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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 IN RESPONSE TO PLAINTIFF’S
OBJECTIONS
(ECF No. 75.)
TWENTY-DAY DEADLINE TO:
(1) FILE NEW OBJECTIONS, OR
(2) FILE OPPOSITION TO
DEFENDANT’S MOTION TO
COMPEL

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ORDER FOR CLERK TO SEND COPY OF
MOTION TO COMPEL TO PLAINTIFF
(ECF No. 51.)

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TWENTY-DAY DEADLINE

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On July 8, 2018, the court entered findings and recommendations to dismiss this case

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based on Plaintiff’s failure to comply with the court’s order of March 26, 2018. (ECF No. 72.)

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On June 8, 2018, Plaintiff filed objections to the findings and recommendations. (ECF No 75.)

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It appears that Plaintiff misunderstood the findings and recommendations.

In his

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objections, Plaintiff refers to his efforts to file an opposition to Defendant’s motion for summary

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judgment. (ECF No. 75.) However, the findings and recommendations were entered based on

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Plaintiff’s failure to file an opposition to Defendant’s motion to compel.
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Due to this apparent

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misunderstanding, Plaintiff shall be granted twenty days in which to either (1) file new

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objections, or (2) file an opposition to Defendant’s motion to compel. The court shall send

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Plaintiff him a copy of the motion to compel.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted twenty days from the date of service of this order in which to

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either:

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(1) file new objections to the findings and recommendations; or

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(2) file an opposition to Defendant’s motion to compel;

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2. The Clerk is directed to send Plaintiff a copy of Defendant’s motion to compel filed

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on September 29, 2017 (ECF No. 51); and
3. Plaintiff’s failure to comply with this order may result in the dismissal of this case.

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IT IS SO ORDERED.
Dated:

June 12, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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