DeJohnette v. Gonzalez et al
Filing
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ORDER Vacating 30 Findings and Recommendations, signed by Magistrate Judge Jennifer L. Thurston on 12/6/18. Thirty-Day Deadline. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CERRON T. DEJOHNETTE,
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Plaintiff,
v.
1:17-cv-00696 DAD-JLT (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS
(Doc. 30)
O. GONZALEZ, et al,
THIRTY-DAY DEADLINE
Defendants.
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On April 18, 2018, defendants filed a motion for summary judgment for failure to exhaust
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administrative remedies. Following plaintiff’s repeated failure to file an opposition, the Court
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issued findings and recommendations to dismiss this action for failure to prosecute and failure to
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comply with a court order. (Doc. 30.) Though plaintiff failed to file timely objections, two recent
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notices of change of address filed by him make it appear the findings and recommendations
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should be vacated and he should be given one final opportunity to oppose the motion.
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Accordingly, the Court ORDERS as follows:
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1. The August 15, 2018, findings and recommendations (Doc. 30) are VACATED;
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2. The Clerk of Court shall serve a copy of defendants’ April 18, 2018, motion for
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summary judgment (Doc. 25) on plaintiff; and
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3. Plaintiff SHALL file an opposition to defendants’ motion for summary judgment
within thirty days from the date of this order.
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IT IS SO ORDERED.
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Dated:
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December 6, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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