Callins v. Stainer et al

Filing 52

ORDER REQUIRING Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' 51 Motion for Summary Judgment within THIRTY DAYS, signed by Magistrate Judge Erica P. Grosjean on 1/10/2020. (Opposition due within THIRTY (30) DAYS). (Orozco, A)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CARLTON R. CALLINS,

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v.

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Case No. 1:17-cv-00840-DAD-EPG (PC)
Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
WITHIN THIRTY DAYS

C. PFEIFFER, et al.,
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Defendants.
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Carlton Callins (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action filed pursuant to 42 U.S.C. § 1983. On November 22, 2019, Defendants

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filed a motion for summary judgment. (ECF No. 51). The Court gave Plaintiff until December

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20, 2019, to file an opposition. (ECF No. 48, p. 2). The deadline for Plaintiff to respond to the

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motion has passed, and Plaintiff has not filed an opposition or a statement of non-opposition.

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Local Rule 230(l) provides that the failure “to file an opposition or to file a statement of

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no opposition may be deemed a waiver of any opposition to the granting of the motion and may

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result in the imposition of sanctions.” While a motion for summary judgment cannot be granted

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by default, Heinemann v. Satterberg, 731 F.3d 914, 916 (9th Cir. 2013), the Court does have other

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options when a party fails to respond. For example, if Plaintiff fails to respond, the Court may

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treat the facts asserted by Defendants as “undisputed for purposes of the motion.” Fed. R. Civ. P.

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56(e)(2). Alternatively, if Plaintiff fails to oppose the motion or file a statement of non1

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opposition, the Court may recommend that this case be dismissed for failure to prosecute and

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failure to comply with court orders.

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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1. Within thirty days from the date of service of this order, Plaintiff shall file an

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opposition or a statement of non-opposition1 to Defendants’ motion for summary

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judgment;
2. If Plaintiff fails to comply with this order, in ruling on Defendants’ motion for

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summary judgment the Court may treat the facts asserted by Defendants in their

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motion for summary judgment as undisputed. Alternatively, the Court may

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recommend that this case be dismissed for failure to prosecute and failure to

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comply with court orders; and

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3. If Plaintiff files an opposition to Defendants’ motion for summary judgment,

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Defendants have fourteen days from the date of service of the opposition to file a

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reply.

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IT IS SO ORDERED.
Dated:

January 10, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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Instead of filing a statement of non-opposition, Plaintiff and Defendants may stipulate to the dismissal of

this case.
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