Adler v. McDonald et al

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/25/16 ORDERING that the March 16, 2016 recommendation of dismissal 21 is VACATED; and defendant may file a reply to plaintiff's March 18, 2016 filing (construed as an opposition) no later than seven days from the date of this order. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENT ADLER,

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No. 2:15-cv-0789 TLN CKD P
Plaintiff,

v.

ORDER

M. D. McDONALD, et al.,

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Defendants.

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On March 16, 2016, the undersigned issued findings and a recommendation of dismissal

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due to plaintiff’s failure to timely oppose defendant Anderson’s motion for summary judgment.

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(ECF No. 21.) Plaintiff has filed objections, arguing that summary judgment should be denied.

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(ECF No. 22.) Liberally construing plaintiff’s pro se filing, the court will treat it as an opposition

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to summary judgment and vacate its former recommendation of dismissal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 16, 2016 recommendation of dismissal is vacated; and

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2. Defendant may file a reply to plaintiff’s March 18, 2016 filing (construed as an

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opposition) no later than seven days from the date of this order.

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Dated: March 25, 2016

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2 / adle0789.vac

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE