Green v. CDCR et al

Filing 74

ORDER signed by Magistrate Judge Allison Claire on 09/03/19 ORDERING that on or before 9/27/19, plaintiff shall file and serve an opposition, if any, to defendants' motion for summary judgment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WARREN C. GREEN,

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No. 2:14-cv-2854 TLN AC P

Plaintiff,
v.

ORDER

CDCR, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights case filed pursuant to 42

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U.S.C. § 1983. On August 14, 2019, defendants filed, and served on plaintiff, a motion for

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summary judgment and supporting documents. See ECF Nos. 70-1. On August 29, 2019,

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plaintiff filed a request for information concerning the “next schedule[d] appointment” in this

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case. ECF No. 73.

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Plaintiff is informed that the next matter in this case is the requirement that he file and

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serve his opposition to defendants’ motion for summary judgment. Plaintiff was informed of this

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requirement both by the court, see ECF No. 30 at 3-6, and by defendants, see ECF No. 70-1. The

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court previously informed plaintiff that failure to oppose a motion for summary judgment may be

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deemed by the court to be a waiver of opposition thereto. See ECF No. 30; Rand v. Rowland,

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154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12

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(9th Cir. 1988). See also Local Rule 230(l) (“Failure of the responding party to file written
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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion[.]”); Local Rule 110 (failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.”); Fed. R. Civ. P. 41(b) (authorizing dismissal for failure to

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prosecute or comply with court rules).

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Under the Local Rules, the current deadline for plaintiff to timely file and serve his

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opposition to defendants’ motion is twenty-one (21) days after service of the motion. See Local

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Rule 230(l). This deadline will be extended by this order.

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Accordingly, IT IS HEREBY ORDERED that, on or before Friday, September 27, 2019,

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plaintiff shall file and serve an opposition, if any, to defendants’ motion for summary judgment.

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Failure to file an opposition will be deemed as plaintiff’s consent to have this action dismissed for

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lack of prosecution and due to plaintiff’s failure to comply with the orders and rules of this court.

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Said failure shall result in a recommendation that this action be dismissed pursuant to Federal

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Rule of Civil Procedure 41(b).

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SO ORDERED.

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DATED: September 3, 2019

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