Jackson v. Austin et al

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/15 ORDERING that plaintiff's opposition to the motion to compel is due within 21 days of the date on which this order is filed; defendant's reply, if any, shall be filed seven days thereafter. (Dillon, 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 LAWRENCE J. JACKSON, JR., 12 No. 2:14-cv-0592 KJM KJN P Plaintiff, 13 v. 14 J. AUSTIN, et al., 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 18 U.S.C. § 1983. On May 6, 2015, defendant J. Austin filed a motion to compel responses to a 19 request for production of documents. (ECF No. 28.) Defendant Austin contends therein that 20 plaintiff failed entirely to respond to the discovery requests in question. Plaintiff has to date 21 failed to file an opposition to the motion to compel. 22 Plaintiff is directed to file an opposition or statement of non-opposition to the motion to 23 compel within 21 days from the date of this order. Failure to respond may be deemed a waiver of 24 any opposition to the granting of the motion. Local Rule 230(l). Moreover, plaintiff is cautioned 25 that he is required to cooperate in discovery. Failure to cooperate in discovery may result in the 26 imposition of sanctions, including, but not limited to, a recommendation that this action be 27 dismissed. See Fed. R. Civ. P. 37(b)(2)(A) (sanctions may be imposed for failure to comply with 28 a discovery order); Fed. R. Civ. P. 37(d)(3) (sanctions may be imposed for failure to serve 1 1 answers to interrogatories or to respond to requests for production of documents). 2 Good cause appearing, IT IS HEREBY ORDERED that plaintiff’s opposition to the 3 motion to compel is due within 21 days of the date on which this order is filed; defendant’s reply, 4 if any, shall be filed seven days thereafter. Plaintiff is cautioned that his failure to timely comply 5 with this order may result in the issuance of sanctions, including dismissal of this action. 6 Dated: June 24, 2015 7 8 9 /jack 0592.eot 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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