Doxie v. Van Eck et al

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/06/15 ordering that within 30 days of the date of this order, plaintiff shall file an opposition to defendants' 4/21/15 motion to dismiss or a statement of non-opposition. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH DOXIE,

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Plaintiff,

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No. 2:14-cv-1976 MCE CKD P

v.

ORDER

M. VAN ECK, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On April 21, 2015, defendants filed a motion to dismiss this action. On June 1,

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2015, plaintiff was ordered to file an opposition or a statement of non-opposition to the pending

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motion within thirty days. The thirty day period has now expired, and plaintiff has not responded

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to the court’s order.
However, the undersigned takes judicial notice of records in Doxie v. McDonald et al.,

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No. 2:14-cv-1977 WBS CKD P, which indicate that plaintiff was, until recently, housed in a

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mental health crisis facility and unable to prosecute his pending cases. (See id., ECF No. 25.) As

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plaintiff has been returned to regular housing (see id.), the court will extend by thirty days the

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deadline for him to file an opposition to defendants’ motion in this action.

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Accordingly, IT IS HEREBY ORDERED that within 30 days of the date of this order,

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plaintiff shall file an opposition to defendants’ April 21, 2015 motion to dismiss or a statement of

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non-opposition. Failure to comply with this order will result in dismissal of this action pursuant

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to Federal Rule of Civil Procedure 41(b).

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Dated: July 6, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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