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