Garcia v. California Department of Correction & Rehabilitation, et al

Filing 44

ORDER signed by Magistrate Judge Allison Claire on 10/6/2015 ORDERING plaintiff to file and serve, within 21 days, an opposition to the 41 motion for summary judgment or a statement of non-opposition thereto. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DANNY R. GARCIA,

12

Plaintiff,

13
14

No. 2:13-cv-1952 JAM AC P

v.

ORDER

C/O HEATH, et al.,

15

Defendants.

16
On August 28, 2015, defendants filed a motion for summary judgment premised on

17
18

plaintiff’s alleged failure to exhaust his administrative remedies before commencing this action.

19

See ECF No. 41. Plaintiff has not responded to defendants’ motion for summary judgment,

20

which was due within twenty-one days after service of the motion.1 See Local Rule 230(l).
Good cause appearing, IT IS HEREBY ORDERED that within twenty-one days after the

21
22

filing date of this order, plaintiff shall file and serve an opposition to the motion for summary

23

judgment or a statement of non-opposition thereto. See Local Rule 230(l). Failure of plaintiff to

24

////

25

////

26
27
28

1

Although plaintiff’s “Index” of exhibits was filed on August 31, 2015, the document was
prepared prior to service of defendants’ motion and is not responsive to the motion. See ECF No.
42.
1

1

comply with this order will result in the dismissal of this action without prejudice for failure to

2

prosecute, pursuant to Federal Rule of Civil Procedure 41(b).

3

DATED: October 6, 2015

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2