Wilson v. Fox et al

Filing 38

ORDER signed by Magistrate Judge Allison Claire on 1/3/2019 ORDERING the 35 Motion for Summary Judgment CONTINUED to 2/6/2019 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file a response to defendants' motion for summary judgment no later than 1/23/2019. (Washington, S)

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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 FRED WILSON, 12 13 14 15 No. 2:16-cv-0219 JAM AC P Plaintiff, v. ORDER ROBERT FOX, et al., Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 18 42 U.S.C. § 1983. On November 21, 2018, defendants filed a motion for summary judgment, 19 which was set for hearing on January 16, 2019, at 10:00 a.m. ECF Nos. 35, 37. Plaintiff’s 20 response to the motion was therefore due by January 2, 2019. L.R. 230(c). However, plaintiff 21 has not responded to the motion. Accordingly, plaintiff will be given one more opportunity to 22 respond to the motion and the January 16, 2019, hearing will be continued. If plaintiff fails to 23 respond to the motion for summary judgment, the lack of response will be deemed a waiver of 24 opposition to granting the motion, and may result in a recommendation that the case be dismissed 25 for lack of prosecution. 26 Plaintiff is advised that if he would like to appear at the hearing by telephone, then he 27 must contact Valerie Callen, the courtroom deputy, at 916-930-4199, at least two days prior to the 28 hearing to make the necessary arrangements. Plaintiff is also reminded that because he is not 1 1 incarcerated, he is no longer entitled to the benefit of the prison mailbox rule. This means that the 2 court must receive his response by the deadline. Mailing the response on the deadline will result 3 in the response being untimely. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The January 16, 2019 hearing on defendants’ motion for summary judgment is 6 7 continued to February 6, 2019. 2. Plaintiff shall file a response to defendants’ motion for summary judgment no later 8 than January 23, 2019. Failure to file a response will result in a recommendation that this case be 9 dismissed. 10 DATED: January 3, 2019. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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