Cloud v. California Department of Corrections

Filing 40

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/15/2018 ORDERING Plaintiff to file either an Opposition or a Statement of Non-Opposition to 38 Motion for Summary Judgment within 30 days from the date of this order and ORDERING Clerk to ra ndomly assign a district judge to this action. Defendant Wong to have 14 days from the date of service of the pleading filed by plaintiff to file his Reply Memorandum if he chooses to file one. Case randomly assigned to District Judge Kimberly J. Mueller. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY CLOUD,

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No. 2:17-cv-00339-GGH
Plaintiff,

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ORDER

v.

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CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.

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Plaintiff brings this prisoner civil rights case pro se and in forma pauperis. On June 13,

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2018, defendant Daniel S. Wong filed a Motion for Summary Judgment that, if successful, would

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resolve the case as to the allegations against him. ECF No. 38. Plaintiff must file either an

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Opposition or a Statement of Non-Opposition to defendant Wong’s Motion pursuant to Eastern

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District of California Local Rule No. 230(c). Because of plaintiff’s situation the court will,

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however, give him additional time to complete the exercise, rather than the time prescribed by the

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Rule, should he need it.1 Plaintiff is cautioned that failure to adhere to the requirement of this

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Rule 230(c) measures the time for opposition or non-opposition from the at set for hearing by
the moving party. Thus, in normal circumstances a responding party may have as little as 14 days
from the service of the motion to file a response.
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Rule will result in a recommendation by this court that the matter be dismissed by the district

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court.
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Plaintiff shall 30 days from the date of this Order to file either an Opposition or a

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Statement of Non-Opposition to the Motion for Summary Judgment filed by defendant Daniel S.

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Wong;

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2.

Defendant Wong shall have 14 days from the date of service of the pleading filed

by plaintiff to file his Reply Memorandum if he chooses to file one;
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The Clerk of the Court shall randomly assign a district court judge to this action.

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IT IS SO ORDERED.
Dated: June 15, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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