Venable v. Patel

Filing 30

ORDER directing Plaintiff to file an opposition or statement of non-opposition to Defendant's Motion for Partial Summary Judgment 28 signed by Magistrate Judge Barbara A. McAuliffe on 8/19/2019. 21-Day Filing Deadline. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELVIS VENABLE,

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Plaintiff,

ORDER DIRECTING PLAINTIFF TO FILE
AN OPPOSITION OR STATEMENT OF
NON-OPPOSITION TO DEFENDANT’S
MOTION FOR PARTIAL SUMMARY
JUDGMENT

Defendant.

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Case No. 1:17-cv-01519-AWI-BAM (PC)

(ECF No. 28)

v.
DR. PATEL,

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TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Elvis Venable is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983.

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On July 11, 2019, Defendant Patel filed a motion for partial summary judgment on

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Plaintiff’s claim for damages related to mental and emotional injuries resulting from Defendant’s

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alleged conduct. (ECF No. 28.)

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Plaintiff’s opposition was due not more than twenty-one (21) days after the date of service

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of Defendant’s motion. Local Rule 230(l). However, more than twenty-one days have passed since

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Defendant served his motion for partial summary judgment, but Plaintiff has not filed an opposition

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or statement of non-opposition to the motion. Also, Plaintiff has not otherwise communicated with

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the Court.

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Therefore, pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an

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opposition, or a statement of non-opposition, to Defendant’s motion for partial summary judgment

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within twenty-one (21) days from the date of service of this order. If Plaintiff fails to file an

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opposition, or a statement of non-opposition, within the allotted time, Defendant’s motion for

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partial summary judgment will be deemed submitted for decision and the Court will view all of the

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facts set forth in Defendant’s motion for partial summary judgment as undisputed pursuant to

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Federal Rule of Civil Procedure 56(e)(2).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 19, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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