Juarez v. Butts et al

Filing 46

ORDER signed by Magistrate Judge Deborah Barnes on 11/26/2017 DIRECTING plaintiff to file an opposition to 41 Motion to Dismiss within 30 days of this order. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE JUAREZ,

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No. 2:15-cv-1996 JAM DB P
Plaintiff,

v.

ORDER

M. HLAING,
Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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under 42 U.S.C. § 1983. Plaintiff contends defendant Hlaing failed to provide him adequate pain

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medication in violation of his Eighth Amendment rights. On October 2, 2017, defendant Hlaing

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filed a motion to dismiss. (ECF No. 41.) In the court’s July 18, 2017 order, plaintiff was advised

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that motions shall be briefed pursuant to Local Rule 230(l). (ECF No. 35 at 3.) According to

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Local Rule 230(l), opposition to a motion to dismiss must be filed “not more than twenty-one (21)

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days after the date of service of the motion.” More than twenty-one days have passed since

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defendant Hlaing served the motion to dismiss and plaintiff has not filed an opposition or

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otherwise responded to the motion.

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In the July 18 order, plaintiff was warned that the failure to file a timely opposition to a

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motion to dismiss, “may be deemed a waiver of opposition to the motion.” (ECF No. 35 at 3.)

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Plaintiff will be given an additional thirty days to file an opposition to the motion. Plaintiff is
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warned that if he fails to do so, the court may recommend dismissal of this action for his failure to

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comply with court orders. See E.D. Cal. R. 110; Fed. R. Civ. P. 41(b).

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Accordingly, IT IS HEREBY ORDERED that within thirty days of this order, plaintiff shall

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file an opposition to the motion to dismiss. If plaintiff fails to do so, this court may recommend

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this case be dismissed without prejudice.

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Dated: November 26, 2017

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DLB:9
DLB1/prisoner-civil rights/juar1996.fta1

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