(PC) Miller v. Diaz et al

Filing 24

ORDER to File Response or Motion Deemed Submitted and Unopposed signed by Magistrate Judge Helena M. Barch-Kuchta on 01/19/2023. Fourteen-Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CURTIS MILLER,

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Plaintiff,

Case No. 1:20-cv-1243-HBK (PC)
ORDER TO FILE RESPONSE OR MOTION
DEEMED SUBMITTED AND UNOPPOSED

v.
B. CATES, FAYE MONTEGRANDE,
OLUFEMI OWOLABI, U. BANGIA,

FOURTEEN-DAY DEADLINE

Defendants.

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This matter comes before the Court upon periodic review of the file. On November 3,

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2022, Defendants filed a motion to dismiss. (Doc. No. 23). Local Rule 230 requires a party in a

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prisoner action to file opposition to any motion within twenty-one (21) days from the date of

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service of the motion. See L.R. 230(l). Defendants certify they placed the motion in the mail on

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November 3, 2023. (Doc. No. 23 at 11). As of the date of this order, Plaintiff has not filed an

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opposition to Defendants’ motion to dismiss and the time to do so has expired. The failure of the

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responding party to file an opposition or to file a statement of no opposition may be deemed a

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waiver of any opposition to the granting of the motion. L.R. 230(l).

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Accordingly, it is ORDERED:

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Because the twenty-one-day period has expired, the Court will deem Defendants’ motion

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to dismiss submitted within fourteen (14) days from the date on this Order. Absent any

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opposition by Plaintiff, the motion shall be deemed unopposed.

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Dated:

January 19, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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