(PC) Uriel Garcia v. Powell et al

Filing 63

ORDER Discharging Order to Show Cause; ORDER Directing Clerk of the Court to Send Plaintiff a Copy of Defendants' 58 Motion for Summary Judgment as a One-Time Courtesy; ORDER Directing Plaintiff to File an Opposition to Defendants' 58 Motion for Summary Judgment within Twenty-One Days signed by Magistrate Judge Christopher D. Baker on 01/07/2025. (Deputy Clerk EF)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 1:19-cv-01631-KES-CDB (PC)

URIEL GARCIA,

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Plaintiff,

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v.

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POWELL, et al.,

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ORDER DISCHARGING ORDER TO
SHOW CAUSE
(Doc. 60)

Defendants.

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ORDER DIRECTING CLERK OF THE
COURT TO SEND PLAINTIFF A COPY OF
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT AS A ONE-TIME COURTESY
ORDER DIRECTING PLAINTIFF TO FILE
AN OPPOSITION TO DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
WITHIN TWENTY-ONE (21) DAYS

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Plaintiff Uriel Garcia is proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants Powell, Hurtado, and

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Ugwueze for deliberate indifference to serious medical needs in violations of the Eighth

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Amendment.

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I.

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The Court issued its Discovery and Scheduling Order on September 11, 2023. (Doc. 48.)

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On July 9, 2024, Defendants filed a request to modify the scheduling order to allow for

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the completion of Plaintiff’s deposition and to extend the time for filing a dispositive motion.

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(Doc. 54.) The Court granted the request and extended the deadline for the completion of limited

BACKGROUND

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discovery to August 5, 2024, and the deadline for filing a dispositive motion to October 18, 2024.

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(Doc. 55.)

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On October 15, 2024, Defendants filed a second request to modify the scheduling order,

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seeking to extend the deadline for the filing of a dispositive motion. (Doc. 56.) The Court granted

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the second request and extended the deadline for filing a dispositive motion from October 18,

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2024, to November 18, 2024. (Doc. 57.)

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On November 18, 2024, Defendants filed their motion for summary judgment. (Doc. 58.)

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Defendants’ motion included a Rand1 warning (Doc. 58-11), specifically addressing the

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requirements concerning an opposition to a motion for summary judgment.

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When Plaintiff failed to file an opposition or statement of non-opposition to Defendants’

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motion, the Court issued its Order to Show Cause (OSC) in Writing Why Sanctions Should Not

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Be Imposed for Plaintiff’s Failure to File an Opposition or Statement of Non-Opposition on

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December 18, 2024. (Doc. 60.) Plaintiff was directed to respond within 14 days. (Id. at 3.)

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On January 6, 2025,2 Plaintiff timely responded to the OSC. (Doc. 61.)

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II.

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Plaintiff states he did not receive, and declares he does not recall receiving, Defendants’

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motion for summary judgment filed November 18, 2024. (Doc. 61 at 1, 3.) He asks that Defendants’

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“reissue” their motion and states he “will respond within the time constraint that the Court order.”

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(Id. at 1.) Lastly, Plaintiff asks that the Court not sanction him and to send him a copy of

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Defendants’ motion. (Id. at 2.)

DISCUSSION

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The Court accepts Plaintiff’s explanation and will discharge the OSC. It will direct the Clerk

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of the Court to send Plaintiff a copy of Defendants’ summary judgment motion as a one-time

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courtesy. Finally, the Court will order Plaintiff to file an opposition or statement of non-opposition

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to Defendants’ pending summary judgment motion within 21 days.

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//

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Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998).

Plaintiff’s response and accompanying proof of service are dated January 2, 2025. Because January 1, 2025, was a
holiday, the January 2, 2025, submission is considered timely.
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III.

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For the reasons given above, the Court HEREBY ORDERS as follows:

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1. The OSC issued December 18, 2024 (Doc. 60) is DISCHARGED;

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2. The Clerk of the Court is DIRECTED to send Plaintiff a copy of Defendants’ motion

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CONCLUSION AND ORDER

for summary judgment (Doc. 58) as a one-time courtesy; and

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3. Plaintiff SHALL file an opposition or statement of non-opposition to Defendants’

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summary judgment motion within twenty-one (21) days of the date of this order.

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IT IS SO ORDERED.
Dated:

January 7, 2025

___________________

_

UNITED STATES MAGISTRATE JUDGE

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