Smith v. Montemayor

Filing 27

ORDER signed by Magistrate Judge Allison Claire on 03/09/15 ordering that within 21 days after the filing date of this order, plaintiff shall file and serve an opposition to the motion for summary judgment or a statement of non-opposition. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA SMITH, 12 13 14 No. 2:13-cv-1070 AC P Plaintiff, v. ORDER NOEMI MONTEMAYOR, 15 Defendant. 16 17 Plaintiff is a former state prisoner proceeding pro se and in forma pauperis with a civil 18 rights action pursuant to 42 U.S.C. ยง 1983. On January 13, 2015, defendants filed a motion for 19 summary judgment. ECF No. 24. Plaintiff has not opposed the motion. 20 Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days after the 21 filing date of this order, plaintiff shall file and serve an opposition to the motion for summary 22 judgment or a statement of non-opposition. Failure to comply with this order will result in the 23 dismissal without prejudice of this action for failure to prosecute pursuant to Federal Rule of Civil 24 Procedure 41(b). 25 DATED: March 9, 2015 26 27 28 1

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