Banks v. Moule et al

Filing 18

ORDER signed by Magistrate Judge Deborah Barnes on 11/28/2017 DIRECTING plaintiff to file, within 30 days of the date of this order, any opposition to the 14 Motion to Dismiss. (York, M)

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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 DAMION M. BANKS, 12 13 14 15 No. 2:17-cv-0381 DB P Plaintiff, v. ORDER KIMBERLY MOULE, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 18 under 42 U.S.C. § 1983. Plaintiff, who is confined to a wheelchair, contends that while he was 19 incarcerated at the San Joaquin County Jail, defendants discriminated against him based on his 20 disability in violation of the Americans with Disabilities Act. On October 18, 2017, defendants 21 filed a motion to dismiss this case based on plaintiff’s failure to exhaust his administrative 22 remedies. (ECF No. 14.) 23 In an order filed August 17, 2017, plaintiff was advised that motions to dismiss shall be 24 briefed pursuant to Local Rule 230(l). (ECF No. 12 at 2-3.) Local Rule 230(l) requires that 25 oppositions to motions be filed “not more than twenty-one (21) days after the date of service of 26 the motion.” More than twenty-one days have passed and plaintiff has not filed an opposition to 27 the motion to dismiss. The August 17 order also warned plaintiff that the failure to timely oppose 28 a motion to dismiss may be deemed a waiver of opposition to the motion. (Id. at 3.) 1 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. Within thirty days of the date of this order, plaintiff shall file any opposition to the 3 4 motion to dismiss. 2. If plaintiff fails to file a timely opposition to the motion to dismiss, this court may 5 recommend this action be dismissed for failure to prosecute. See E.D. Cal. R. 110; Fed. 6 R. Civ. P. 41. 7 Dated: November 28, 2017 8 9 10 11 12 13 14 15 DLB:9 DLB1/prisoner-civil rights/bank0381.mtd oppo 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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