McClintock v. Colosimo, et al

Filing 45

ORDER signed by Magistrate Judge Dale A. Drozd on 1/08/15 denying 44 Motion for Reconsideration. Within 21 days of the date of service of this order plaintiff shall file an opposition to defendants' pending motion for summary judgment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN MCCLINTOCK,

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No. 2:13-cv-0264 TLN DAD P

Plaintiff,
v.

ORDER

COLOSIMO, et al.,
Defendants.

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On October 28, 2014, this court denied as moot plaintiff’s motion to stay these

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proceedings pending his interlocutory appeal because the Ninth Circuit had dismissed that appeal

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for lack of jurisdiction. Shortly thereafter, plaintiff filed the motion for reconsideration now

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pending before this court. In the motion, plaintiff contends that he timely filed a motion for

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reconsideration with the Ninth Circuit Court of Appeals.

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The court will deny plaintiff’s pending motion for reconsideration as also having been

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rendered moot. On January 6, 2015, the Ninth Circuit denied plaintiff’s motion for

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reconsideration filed in that court. In addition, the Ninth Circuit informed plaintiff that it would

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not entertain any further filings from him in that closed case.

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Finally, once more the court will order plaintiff to file an opposition to defendants’

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pending motion for summary judgment based on plaintiff’s alleged failure to exhaust

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administrative remedies prior to filing suit as required. The court will not tolerate further delay in
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this regard and plaintiff is forewarned that any failure on his part to file an opposition to

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defendants’ motion for summary judgment in compliance with this order will result in a

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recommendation that this action be dismissed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for reconsideration (Doc. No. 44) is denied as moot; and

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2. Within twenty-one days of the date of service of this order plaintiff shall file an

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opposition to defendants’ pending motion for summary judgment. Plaintiff’s failure to file an

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opposition will be deemed as a statement of non-opposition and shall result in a recommendation

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that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

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Dated: January 8, 2015

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DAD:9
mccl0264.motr

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