Wright v. Fields, et al

Filing 34

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2016 ORDERING, as a one-time only courtesy, the Clerk shall send plaintiff a copy of defendants' 20 motion for summary judgment, and plaintiff has 30 days to respond to the motion. Should plaintiff fail to timely comply, the July 27, 2016 findings and recommendations will be submitted to the district judge for consideration.(Yin, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DANIEL WEBSTER WRIGHT, 11 No. 2:15-cv-2291-KJM-EFB P Plaintiff, 12 v. 13 D. FIELDS, et al., 14 ORDER Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. On July 27, 2016, the court issued findings and recommendations, which 18 recommended dismissal of this action for plaintiff’s failure to prosecute and to comply with court 19 orders after plaintiff failed to respond to defendants’ motion for summary judgment. ECF No. 24. On August 31, 2016, plaintiff requested an extension of time to prepare an opposition to 20 21 defendants’ motion. ECF No. 27. Accordingly, on September 8, 2016, the court held the 22 findings and recommendations in abeyance and granted plaintiff an additional thirty days within 23 which to respond to the summary judgment motion. In a filing dated October 14, 2016, plaintiff 24 claims that he cannot respond to the motion because he does not have a copy of it. ECF No. 33. Accordingly, IT IS HEREBY ORDERED that, as a one-time courtesy, the Clerk of the 25 26 Court shall send plaintiff a copy of defendant’s motion for summary judgment (ECF No. 20), and 27 plaintiff has 30 days from the date of this order to respond to the motion. Should plaintiff fail to 28 ///// 1 timely comply, the July 27, 2016 findings and recommendations will be submitted to the district 2 judge for consideration. 3 DATED: October 17, 2016. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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