Morris v. Guffee, et al.

Filing 49

ORDER signed by Magistrate Judge Dale A. Drozd on 7/7/15 ORDERING that The Clerk of the Court is directed to serve plaintiff with a courtesy copy of defendant Guffee's motion to dismiss (Doc. No. 33 ); and within 14 days of the date of service of this order, plaintiff shall file an opposition to defendant Guffee's motion to dismiss.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,

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No. 2:13-cv-1171 TLN DAD P

Plaintiff,

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v.

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GUFFEE et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action brought pursuant

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to 42 U.S.C. § 1983. On June 12, 2015, the court issued an order requiring plaintiff to file his

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opposition, if any, to the two pending motions to dismiss filed by defendants in this case.

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Plaintiff has since filed an “answer” to defendant Guffee’s motion to dismiss stating that he never

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received the defendant’s motion. In the interest of justice, the court will provide plaintiff with a

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courtesy copy of defendant Guffee’s motion to dismiss and grant him fourteen final days to file

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an opposition to defendant Guffee’s motion. The court will not grant plaintiff any further

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extensions of time for this purpose.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to serve plaintiff with a courtesy copy of defendant
Guffee’s motion to dismiss (Doc. No. 33); and

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/////
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2. Within fourteen days of the date of service of this order, plaintiff shall file an

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opposition to defendant Guffee’s motion to dismiss. Failure to file an opposition will be deemed

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a statement of non-opposition and shall result in a recommendation that this action be dismissed

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pursuant Federal Rule of Civil Procedure 41(b). Alternatively, if plaintiff no longer wishes to

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pursue his claims against defendant Guffee he may file a request to voluntarily dismiss this

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defendant.

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Dated: July 7, 2015

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DAD:9
morr1171.46(2)

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