Kent v. U.C. Davis Medical Center et al

Filing 58

ORDER signed by Magistrate Judge Allison Claire on 06/04/18 ORDERING that within 21 days of service of this order, plaintiff shall file and serve an opposition to the motion for summary judgment 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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RONALD KENT,

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Plaintiff,

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No. 2:15-cv-1924 WBS AC P

v.

ORDER

U.C. DAVIS MEDICAL CENTER, 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 February 9, 2018, defendant Rudas filed a motion for summary judgment.

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ECF No. 52. Instead of responding to the motion, plaintiff filed an amended complaint. ECF No.

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54. The amended complaint was stricken from the record and plaintiff was given twenty-one

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days to respond to the summary-judgment motion. ECF No. 56. Twenty-one days have now

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passed and plaintiff has failed to file a response. Plaintiff will be given one more opportunity to

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respond to the motion and is cautioned that failure to respond to the motion for summary

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judgment will result in a recommendation that this case be dismissed for failure to prosecute.
Accordingly, IT IS HEREBY ORDERED that within twenty-one days of service of this

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order, plaintiff shall file and serve an opposition to the motion for summary judgment or a

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statement of non-opposition. Failure to comply with this order will result in a recommendation

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that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of

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Civil Procedure 41(b).

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IT IS SO ORDERED.
DATED: June 4, 2018

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