Stribling v. Mott et al

Filing 56

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/2018 ORDERING Plaintiff to respond to 49 Motion to Compel within 21 days from service of this order and DENYING without prejudice 53 Motion for Summary Judgment. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON LAMONT STRIBLING,

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No. 2:16-cv-0400 CKD P

Plaintiff,

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v.

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R. MOTT, et al.,

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ORDER

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. Currently pending before the court are defendant Mott’s motion to compel (ECF

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No. 49) and plaintiff’s motion for summary judgment (ECF No. 53).

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Plaintiff has failed to oppose the motion to compel. He will be granted another

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opportunity to respond to the motion and is cautioned that failure to respond will be deemed a

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waiver of any opposition. In light of the pending discovery dispute, the resolution of which may

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lead to the production of additional evidence which defendant Mott could use in responding to a

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motion for summary judgment, plaintiff’s motion for summary judgment will be denied without

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prejudice to re-filing once the discovery dispute has been resolved. The motion also fails to

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comply with the requirements for a motion for summary judgment, specifically it lacks a separate

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statement of facts as required by Local Rule 260(a), and is additionally dismissed without

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prejudice to the filing of a motion in the proper form.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall have twenty-one days from service of this order to respond to defendant

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Mott’s motion to compel. Failure to respond to the motion will be deemed a waiver of any

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opposition.

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2. Plaintiff’s motion for summary judgment (ECF No. 53) is denied without prejudice.

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Plaintiff may file a motion in the proper form after defendant Mott’s motion to compel has been

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resolved.

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Dated: February 7, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13:stri0400.mtc.eot.msj.deny

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