Jackson v. Curry et al

Filing 21

ORDER directing Plaintiff to file opposition to Defendant's motion for summary judgment by no later than 1/15/2010, or a request for an extension of time by which to file one. Signed by Judge Vaughn R Walker on 12/28/2009. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 12/28/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, a prisoner at the Correctional Training Facility ("CTF") in Soledad, California, has filed a pro se civil rights complaint under 42 USC § 1983 alleging that his work supervisor, CTF plumber M Lawrence, violated his constitutional rights. Specifically, plaintiff claims Lawrence sought to have him v BEN CURRY, WARDEN, et al, Defendant(s). / BERNARD R JACKSON, Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT No C-08-5207 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

fired from his prison work assignment and filed false rules violations reports in retaliation for his use of the inmate grievance system to file complaints against Lawrence. Plaintiff

also claims Lawrence sought to have him fired for racially discriminatory reasons. Doc #1. After reviewing the complaint, the

court found that, liberally construed, plaintiff's allegations

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

appeared to state cognizable § 1983 claims and ordered the United States Marshal to serve Defendant Lawrence. Doc #6.

On August 17, 2009, Defendant Lawrence filed a motion for summary judgment. Doc #12. Plaintiff sought an extension of time

to file his opposition up to an including December 15, 2009, which the court granted. Doc ## 18 & 19. To date, Plaintiff has not

filed an opposition, nor has he sought a second extension of time to do so. Petitioner is directed to file, by no later than January 15, 2010, an opposition to defendant's motion for summary judgment or a request for an extension of time by which to file one. Plaintiff is advised that an extension of time will be granted only upon a showing of good cause. Plaintiff is further advised that

failure to comply with the court's order will result in dismissal of the action.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

C:\Documents and Settings\USDC\Local Settings\Temp\notes56FD74\Jackson-5207-directing P to file opp to msj.wpd

2