Johnson v. Relves, et al.

Filing 102

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/24/2014 DENYING plaintiff's 99 motion to strike; and plaintiff shall file his opposition to defendants' pending motion to dismiss and for summary judgment, or statement of non-opposition, within 30 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KURT JOHNSON,

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Plaintiff,

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No. 2:14-cv-0824 CKD P

v.

ORDER

JEYSEN RELVES, et al.,

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Defendants.

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On June 5, 2014, plaintiff filed a document in which he asks that the motion to dismiss

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and motion for summary judgment filed by the remaining defendants on May 27, 2014 be

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stricken. The grounds presented in support of his motion are frivolous. Therefore, the motion

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will be denied. Plaintiff is warned that if he continues to file frivolous motions, he will be

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sanctioned, possibly with dismissal of this action.
The court also notes that plaintiff has not filed an opposition to defendants’ pending

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motion to dismiss and for summary judgment, and the time for doing so has passed. Good cause

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appearing, plaintiff will be granted 30 days within which to file his opposition, or statement of

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non-opposition. Failure to file an opposition within 30 days will result in a recommendation that

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this action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s June 5, 2014 motion to strike (ECF No. 99) is denied; and

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2. Plaintiff shall file his opposition to defendants’ pending motion to dismiss and for

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summary judgment, or statement of non-opposition, within 30 days. Failure to file an opposition

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within 30 days will result in a recommendation that this action be dismissed without prejudice

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under Federal Rule of Civil Procedure 41(b).

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Dated: June 24, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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john0824.str

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