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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?