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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE JUAREZ, 12 13 14 15 No. 2:15-cv-1996 JAM DB P Plaintiff, v. ORDER M. HLAING, Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 18 under 42 U.S.C. § 1983. Plaintiff contends defendant Hlaing failed to provide him adequate pain 19 medication in violation of his Eighth Amendment rights. On October 2, 2017, defendant Hlaing 20 filed a motion to dismiss. (ECF No. 41.) In the court’s July 18, 2017 order, plaintiff was advised 21 that motions shall be briefed pursuant to Local Rule 230(l). (ECF No. 35 at 3.) According to 22 Local Rule 230(l), opposition to a motion to dismiss must be filed “not more than twenty-one (21) 23 days after the date of service of the motion.” More than twenty-one days have passed since 24 defendant Hlaing served the motion to dismiss and plaintiff has not filed an opposition or 25 otherwise responded to the motion. 26 In the July 18 order, plaintiff was warned that the failure to file a timely opposition to a 27 motion to dismiss, “may be deemed a waiver of opposition to the motion.” (ECF No. 35 at 3.) 28 Plaintiff will be given an additional thirty days to file an opposition to the motion. Plaintiff is 1 1 warned that if he fails to do so, the court may recommend dismissal of this action for his failure to 2 comply with court orders. See E.D. Cal. R. 110; Fed. R. Civ. P. 41(b). 3 Accordingly, IT IS HEREBY ORDERED that within thirty days of this order, plaintiff shall 4 file an opposition to the motion to dismiss. If plaintiff fails to do so, this court may recommend 5 this case be dismissed without prejudice. 6 Dated: November 26, 2017 7 8 9 10 11 12 13 DLB:9 DLB1/prisoner-civil rights/juar1996.fta1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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