Lucien v. Macomber et al.

Filing 45

ORDER signed by Magistrate Judge Deborah Barnes on 03/15/19 ORDERING that within 20 days of the date of this order, plaintiff shall file his opposition to defendant's summary judgment motion. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JARON LUCIEN,

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Plaintiff,

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No. 2:16-cv-2595 WBS DB P

v.

ORDER

WOODEN,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. On February 5, 2019, defendant filed a motion for summary judgment. (ECF

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No. 39.) In an order filed March 1, 2019, this court advised the parties that motions for summary

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judgment shall be briefed pursuant to Local Rule 230(l). (ECF No. 26.) The parties were warned

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that the failure to file a timely opposition to a motion may be deemed a waiver of opposition to it.
Local Rule 230(l) requires an opposition to a motion, including a motion for summary

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judgment, to be filed not more than twenty-one (21) days after the date of service of the motion.

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Defendant filed his motion on February 5. More than twenty-one days have passed since plaintiff

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should have been served with that motion. Plaintiff will be given an additional twenty days to file

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an opposition. If he fails to do so, this court will recommend dismissal of this action. See E.D.

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Cal. R. 110; Fed. R. Civ. P. 41.

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Accordingly, IT IS HEREBY ORDERED that within twenty (20) days of the date of this

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order, plaintiff shall file his opposition to defendant’s summary judgment motion. If plaintiff

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fails to file his opposition within that time period or otherwise respond to this order, this court

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will recommend dismissal of this action.

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Dated: March 15, 2019

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DLB:9
DB/prisoner-civil rights/luci2595.msj oppo eot

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