Baker et al v. Cameron et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/12/2012 ORDERING the clerk to send plaintiff a copy of the 57 5/11/2012 order and defendants' 52 12/5/2011 motion for summary judgment; and on or before 7/3/2012, plaintiff shall file an opposition to defendatns' motion for summary judgment. No further extensions of time will be granted. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JERRY W. BAKER,
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Plaintiff,
No. 2:10-cv-1811 KJM KJN P
vs.
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SOLANO COUNTY, et al.,
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Defendants.
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ORDER
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Plaintiff is a former prisoner proceeding without counsel. On December 5, 2011,
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defendants filed a motion for summary judgment. Plaintiff failed to timely file an opposition to
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the motion, and on January 12, 2012, plaintiff was directed to file an opposition within thirty
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days, and that failure to file an opposition would be deemed as consent to have the pending
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motion granted. On May 11, 2012, the court addressed plaintiff’s January 25, 2012 filing, and
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granted plaintiff until June 11, 2012, in which to file an opposition. However, on May 25, 2012,
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plaintiff’s copy of the May 11, 2012 order was returned as undeliverable because plaintiff was no
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longer in custody. On June 7, 2012, plaintiff filed a notice of change of address.
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Despite the returned mail, plaintiff was properly served. It is the plaintiff’s
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responsibility to keep the court apprised of his current address at all times. Pursuant to Local
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Rule 182(f), service of documents at the record address of the party is fully effective.
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However, because it appears plaintiff was re-arrested shortly after the filing of the
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motion for summary judgment, the court will re-serve the May 11, 2012 order, along with a copy
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of the motion for summary judgment. Now that plaintiff is no longer in custody, the court will
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grant plaintiff twenty-one days in which to file an opposition to the motion. L.R. 230(l). As
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noted in this court’s January 12, 2012 order, plaintiff is cautioned that failure to timely file an
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opposition will be deemed as consent to have the: (a) pending motion granted; (b) action
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dismissed for lack of prosecution; and (c) action dismissed based on plaintiff’s failure to comply
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with these rules and a court order. Such failure shall result in a recommendation that this action
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be dismissed pursuant to Federal Rule of Civil Procedure 41(b).
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As a litigant proceeding without counsel, plaintiff is responsible to diligently
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prosecute this action, which includes maintaining appropriate case records, timely filing changes
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of address, and timely meeting court deadlines. No further extensions of time will be granted.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Clerk of the Court is directed to send plaintiff a copy of the May 11, 2012
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order (dkt. no. 57) and defendants’ December 5, 2011 motion for summary judgment (dkt. no.
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52); and
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2. On or before July 3, 2012, plaintiff shall file an opposition to defendants’
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motion for summary judgment that complies with the Federal Rules of Civil Procedure and the
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Local Rules of the Eastern District. No further extensions of time will be granted.
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DATED: June 12, 2012
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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bake1811.eot2
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