Watts v. Department of Corrections et al

Filing 46

ORDER signed by Magistrate Judge Deborah Barnes on 8/20/2019 ORDERING Plaintiff to file an opposition or statement of non-opposition to 44 Motion for a Protective Order within 21 days of the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARLIN WATTS,

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Plaintiff,

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No. 2:17-cv-0852 JAM DB P

v.

ORDER

DEPARTMENT OF CORRECTIONS, 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 claims defendants violated his rights under the Eighth

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Amendment.

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On June 27, 2019, defendants filed a motion for summary judgment concurrently with

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their motion for a protective order. (ECF No. 43.) Defendants Cortez, Vicino, and Easterling

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argue they are entitled to summary judgment because plaintiff has not properly exhausted

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administrative remedies. Defendants Cortez, Vicino, and Easterling seek a protective order

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pursuant to Federal Rule of Civil Procedure 26(c) staying all discovery related to plaintiff’s

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excessive force claim. (ECF No. 44-1 at 6.) Plaintiff has not filed an opposition, a statement of

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non-opposition, or otherwise indicated his position on this issue. Accordingly, the court will

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direct plaintiff to respond to defendants’ motion.

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IT IS HEREBY ORDERED that within twenty-one days of the date of this order plaintiff

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shall file an opposition or statement of non-opposition to defendants’ motion for a protective

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order (ECF No. 44). Failure to comply with this order will result in a recommendation that this

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action be dismissed for failure to comply with court orders and failure to prosecute. See E.D. Cal.

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

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Dated: August 20, 2019

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DLB:12

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DLB:1/Orders/Prisoner.Civil.Rights/watt0852.resp

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