Espino v. Arnold

Filing 47

ORDER signed by Magistrate Judge Allison Claire on 06/14/22 ORDERING within 30 days of the date of this order, plaintiff shall file either: (1) an opposition to defendants' motion to compel written discovery 46 , or (2) a statement of non-oppo sition to the granting of the motion. Should plaintiff opt to file a statement of non-opposition to defendants' motion to compel, plaintiff must also respond to defendants' written discovery requests within the same thirty-day period.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN ESPINO,

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No. 2:17-cv-2198 KJM AC P

Plaintiff,
v.

ORDER

ERIC ARNOLD, et al.,
Defendants.

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Plaintiff, formerly a state prisoner, is proceeding pro se and in forma pauperis in this civil

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rights action under 42 U.S.C. § 1983. The case was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 21, 2022, defendants filed a motion to compel plaintiff to respond to defendants’

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written discovery, or in the alternative, to dismiss this action pursuant to Federal Rule of Civil

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Procedure 37(b). ECF No. 46. Plaintiff has not responded to the motion, and the briefing period

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has expired. See generally Local Rule 230.

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Whether plaintiff has been released from prison or is incarcerated, he must file either an

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opposition to defendants’ motion or a statement that he does not oppose it. See Local Rule

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230(c), (l). Plaintiff will be given an additional thirty days either to file an opposition to the

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motion or a statement of non-opposition. If plaintiff files a statement of non-opposition, he must

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also also respond to defendants’ discovery requests in writing within the same thirty-day period.
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Plaintiff is cautioned that failure to comply with this order may result in dismissal of the
case for failure to prosecute. See Rule 41(b), Fed. R. Civ. P.; Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty days of the date of this order, plaintiff shall file either: (1) an opposition

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to defendants’ motion to compel written discovery (ECF No. 46), or (2) a statement of non-

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opposition to the granting of the motion; and

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2. Should plaintiff opt to file a statement of non-opposition to defendants’ motion to

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compel, plaintiff must also respond to defendants’ written discovery requests within the same

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thirty-day period.

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DATED: June 14, 2022

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