Robinson v. Kate et al

Filing 105

ORDER signed by Magistrate Judge Allison Claire on 2/22/2017 ORDERING, on or before 3/10/2017, plaintiff shall file his opposition to defendant's pending 99 motion for summary judgment; within 7 days after plaintiff's opposition has bee n filed in CM/ECF, defendant: (a) may file and serve a reply, and (b) shall file and serve a statement indicating whether he is amenable to convening a settlement conference to resolve plaintiff's remaining requests for injunctive relief. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE JAMAL ROBINSON,

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No. 2:11-cv-2555 MCE AC P

Plaintiff,
v.

ORDER

MATTHEW CATE, et al.,
Defendants.

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By order filed January 24, 2017, plaintiff was accorded until February 10, 2017 to file and

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serve an opposition to defendant’s motion for summary judgment. See ECF No. 103. This

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extended date has passed but plaintiff has not filed an opposition or otherwise communicated with

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the court. The court has reviewed petitioner’s January 11, 2017 request for extended time which

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provides in part, ECF No. 102 at 2-3:

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Plaintiff did file an untimely opposition to defendant’s second
motion for summary judgment on or about December 18, 2016, and
was unable to access the law library to make a copy and serve on
the defendant. . . . Plaintiff respectfully requests this court to . . .
Accept untimely opposition to defendant’s second motion for
summary judgment.

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Plaintiff is informed that the court is not in receipt of his opposition. Plaintiff’s last filing, prior

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to January 11, 2017, was on March 30, 2016 (ECF No. 95).

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Due to the importance of the issues presented in this case, plaintiff will be accorded one
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final opportunity to oppose defendant’s motion for summary judgment. Failure to timely file

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such opposition will result in the dismissal of this action with prejudice for failure to prosecute.

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See Fed. R. Civ. P. 41(b).

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Accordingly, IT IS HEREBY ORDERED that:

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1. On or before March 10, 2017, plaintiff shall file his opposition to defendant’s pending

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motion for summary judgment (plaintiff need not serve a copy of his opposition on defendant).
2. Within seven (7) days after plaintiff’s opposition has been filed in CM/ECF (see Local

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Rule 230(l)), defendant: (a) may file and serve a reply, and (b) shall file and serve a statement

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indicating whether he is amenable to convening a settlement conference to resolve plaintiff’s

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remaining requests for injunctive relief.

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3. Should plaintiff fail to timely file an opposition to defendant’s pending motion for

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summary judgment, this action will be dismissed with prejudice under Federal Rule of Civil

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Procedure 41(b).

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SO ORDERED.
DATED: February 22, 2017

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