Sargent v. Statti

Filing 67

ORDER signed by Magistrate Judge Gregory G. Hollows on 07/09/10 ordering defendants shall file an amended proof of service within 7 days showing that the motion to dismiss has been re-served upon plaintiff at his current address: Salinas Valley State Prison. Plaintiff will have 28 days from the date of re-service to file his response to the motion. Plaintiff's failure to file an opposition to the motion timely will be deemed a waiver of opposition to the motion. (Plummer, M)

(PC) Sargent v. Statti

Doc. 67

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. P. STATTI, et al., Defendants. / On May 12, 2010, defendants filed a motion to dismiss this action to which plaintiff has not filed any response. However, the motion indicates service upon plaintiff only at High Desert State Prison while plaintiff served a notice of change of address on May 17, 2010 (by application of the mailbox rule) to Salinas Valley State Prison. Accordingly, IT IS HEREBY ORDERED that: 1. Defendants are to file an amended proof of service within seven days showing that the motion to dismiss has been re-served upon plaintiff at his current address: Salinas Valley State Prison; 2. Plaintiff will have twenty-eight days from the date of re-service to file his response to the motion; and \\\\\ 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CLARENCE SARGENT, Plaintiff, No. CIV S-09-1472 MCE GGH P

ORDER

1 2 3 4

3. Plaintiff's failure to file an opposition to the motion timely will be deemed a waiver of opposition to the motion. See Order, filed on October 30, 2009, ¶ 7 (Docket # 43). DATED: July 9, 2010 /s/ Gregory G. Hollows

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
GGH:009 sarg1472.rsv

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE