Sykes v. Athannasious et al

Filing 121

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/01/15 ordering the hearing currently set for 12/10/15 at 10:00 a.m. is vacated. Within 14 days of the date of filing of this order, plaintiff shall show cause, in writi ng, why defendant Khaira's motion to dismiss should not be granted. Within 14 days of the date of filing of this order, plaintiff shall file an opposition or statement of non-opposition to defendant Khaira' motion to dismiss. Defendant Khaira's reply, if any, shall be due 7 days thereafter. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILTON SYKES,

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No. 2:12-cv-2570 TLN KJN P

Plaintiff,
v.

ORDER and ORDER TO SHOW CAUSE

ATHANNASIOUS, et al.,
Defendants.

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Plaintiff Milton Sykes is a state prisoner proceeding in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983 and California state law. Plaintiff is represented by

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court-appointed counsel.

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On October 27, 2015, defendant Dr. Khaira filed a motion to dismiss pursuant to Federal

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Rule of Civil Procedure 12(b)(6). (ECF No. 119.) A hearing on the motion is currently set for

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December 10, 2015, at 10:00 a.m., before the undersigned. Pursuant to Local Rule 230(c),

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plaintiff was required to file and serve an opposition or statement of non-opposition fourteen days

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prior to the date of the hearing. However, to date plaintiff has not opposed the motion.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing currently set for December 10, 2015, at 10:00 a.m., is vacated.

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2. Within fourteen days of the date of filing of this order, plaintiff shall show cause, in

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writing, why defendant Khaira’s motion to dismiss should not be granted.
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3. Within fourteen days of the date of filing of this order, plaintiff shall file an opposition

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or statement of non-opposition to defendant Khaira’s motion to dismiss. Defendant Khaira’s

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reply, if any, shall be due seven days thereafter.

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Dated: December 1, 2015

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/syke2570.46.osc

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