Clark v. McGuire et al

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/14 ordering that plaintiff is granted 30 days from the date of this order to file his opposition to defendants' summary judgment motion. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LOUREECE CLARK,

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No. 2: 12-cv-2159 LKK KJN P

Plaintiff,
v.

ORDER

THOMAS McGUIRE, et al.,
Defendants.

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On November 21, 2013, defendants filed a summary judgment motion. (ECF No. 28.)

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Plaintiff did not file an opposition. Accordingly, on December 27, 2013, the court ordered

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plaintiff to show cause within thirty days for his failure to file an opposition. (ECF No. 30.)

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On January 2, 2014, plaintiff filed a letter with the court stating that he is unable to file his

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opposition because prison officials are “depriving” him of “legal correspondence.” (ECF No. 31

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at 1.) Plaintiff states that he has received legal correspondence that was opened before it was

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delivered to him and that prison staff are not logging incoming and outgoing legal mail. (Id.)

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Plaintiff alleges that prison staff refuse to take mail during shift changes and that it takes too long

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to receive confidential mail. (Id.)

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It is unclear how the conditions described in plaintiff’s January 2, 2014 letter prevented

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plaintiff from preparing and filing his opposition with the court. Plaintiff does not discuss, for

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example, how the alleged failure of prison staff to take mail during shift changes prevented him
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from preparing and filing his opposition.
The court finds that plaintiff’s claim that he cannot file his opposition is unsupported.

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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days from the date of this

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order to file his opposition to defendants’ summary judgment motion; failure to file an opposition

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will result in the recommendation of dismissal of this action.

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Dated: January 8, 2014

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cl2159.ord

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