Chappell v. Pliler, et al

Filing 97

ORDER signed by Magistrate Judge Allison Claire on 4/22/16 ORDERING that within 14 days of the date of this order, plaintiff shall file an opposition, if any, to defendants motion for summary judgment. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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No. 2:04-cv-1183 TLN AC (TEMP) P

Plaintiff,
v.

ORDER

C.K. PLILER, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action brought pursuant

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to 42 U.S.C. § 1983. On October 5, 2015, defendants filed a motion for summary judgment

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pursuant to Federal Rule of Civil Procedure 56. The court has granted plaintiff two extensions of

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time to file an opposition to defendants’ motion. Most recently, on January 27, 2016, the court

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granted plaintiff a final fifteen-day extension of time. The time for filing his opposition has now

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expired, but plaintiff has not filed an opposition or otherwise responded to defendants’ motion.

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Local Rule 230(l) requires plaintiff to file an opposition not more than twenty-one (21)

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days after the date of service of a motion. “Failure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion . . . .” Plaintiff is reminded that Local Rule 110 provides that failure to

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comply with the Local Rules “may be grounds for imposition of any and all sanctions authorized

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by statute or Rule or within the inherent power of the Court.”
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In the interest of justice, IT IS HEREBY ORDERED that, within fourteen (14) days of the

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date of this order, plaintiff shall file an opposition, if any, to defendants’ motion for summary

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judgment. Failure to file an opposition will be deemed as a statement of non-opposition and shall

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result in a recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure

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41(b). Alternatively, if plaintiff no longer wishes to pursue this action he may file a request to

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voluntarily dismiss this case.

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DATED: April 22, 2016

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