Banks v. Moule et al

Filing 20

ORDER signed by Magistrate Judge Deborah Barnes on 1/5/2018 ORDERING Plaintiff to file, within 30 days of the date of this order, an opposition to 14 Motion to Dismiss. (Henshaw, R)

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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

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action under 42 U.S.C. § 1983. Plaintiff, who is confined to a wheelchair, contends that while he

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was incarcerated at the San Joaquin County Jail, defendants discriminated against him based on

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his disability in violation of the Americans with Disabilities Act. On October 18, 2017,

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defendants filed a motion to dismiss this case based on plaintiff’s failure to exhaust his

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administrative remedies. (ECF No. 14.)

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When plaintiff did not file a timely opposition to the motion, the court issued an order

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giving plaintiff an additional thirty days to do so. (ECF No. 18.) Plaintiff was warned that if he

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failed to file a timely opposition, this court might recommend dismissal of this action.

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In a document filed December 20, 2017, plaintiff informed the court that he has been

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released and that he was “sending a[n] opposition to the motion to dismiss.” (ECF No. 19.) To

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date, however, the court has not received an opposition from plaintiff.
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Plaintiff will be given one final opportunity to file an opposition to the motion to dismiss.

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If he fails to do so, this court will recommend dismissal of this case without prejudice. See Fed.

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R. Civ. P. 41; E.D. Cal. R. 110.

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Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order,

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plaintiff shall file his opposition to the motion to dismiss. If plaintiff fails to comply with this

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order, this court will recommend this case be dismissed without prejudice.

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Dated: January 5, 2018

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DLB:9
DLB1/prisoner-civil rights/bank0381.fta

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