Henderson v. Purcell et al

Filing 40

ORDER signed by Magistrate Judge Dale A. Drozd on 05/05/11 ordering the court's 04/04/11 order to show cause is discharged. Plaintiff shall file his opposition to defendants' motion for summary judgment within 30 days of the date of service of this order. (Plummer, M)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9

ANTOINE HENDERSON,

10

Plaintiff,

11
12

No. CIV S-09-2779 DAD P

vs.
K. PURCELL, et al.,

13

Defendants.

14

ORDER
/

15

On February 11, 2011, defendants filed a motion for summary judgment pursuant

16

to Rule 56 of the Federal Rules of Civil Procedure. Because plaintiff had not opposed the

17

motion, on April 4, 2011, the court issued an order to show cause directing plaintiff to respond or

18

to file a notice of non-opposition. Plaintiff responded to the court’s order, claiming that he had

19

never received defendants’ motion and requesting a copy of it. On the following day, defendants

20

filed a response to plaintiff’s request and informed the court that they had voluntarily re-served a

21

copy of their motion for summary judgment on plaintiff.

22

Good cause appearing, IT IS HEREBY ORDERED that:

23

1. The court’s April 4, 2011 order to show cause is discharged; and

24

/////

25

/////

26

/////
1

1

2. Plaintiff shall file his opposition to defendants’ motion for summary judgment

2

within thirty days of the date of service of this order.

3

DATED: May 5, 2011.

4
5
6

DAD:9
hend2779.dch

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2