Ruiz v. Mobert

Filing 59

ORDER Providing Plaintiff Twenty-One (21) Days to Respond to Defendant's Motion to Dismiss 57 , signed by Magistrate Judge Helena M. Barch-Kuchta on 04/7/2021. ( Responses due within 21-Day Deadline)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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Plaintiff,
v.

No. 1:17-cv-00709-AWI-HBK (PC)
ORDER PROVIDING PLAINTIFF 21 DAYS
TO RESPOND TO DEFENDANT’S MOTION
TO DISMISS

R. MOBERT, Official Regular at CSATF
Corcoran Prison,
Defendant.

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Pending before the court is defendant’s motion to dismiss filed November 19, 2020.

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(Doc. No. 57). As of the date of this Order, plaintiff has not opposed or otherwise responded to

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that motion. (See docket). Plaintiff previously moved for appointment of counsel on March 2,

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2020. (Doc. No. 46). That motion was denied on August 25, 2020 (Doc. No. 51) and Plaintiff’s

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motion for reconsideration was denied on April 6, 2021. (Doc. No. 58). In the event plaintiff was

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awaiting a ruling on his motion for reconsideration before responding to defendant’s motion to

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dismiss, the court will provide plaintiff 21 days from date of this order to file any opposition

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under Local rule 230(c). If no response is timely received the court will deem defendant’s motion

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ripe for review without the benefit of a response.

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Accordingly, it is ORDERED:

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Plaintiff may file a response, if any, to defendant’s motion to dismiss (Doc. No. 57) within

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21 days from receipt of this order.

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IT IS SO ORDERED.

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Dated:
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April 7, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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