Fields v. Ducart

Filing 33

ORDER by Judge Haywood S. Gilliam, Jr. DEEMING MOTION FOR SUMMARY JUDGMENT SUBMITTED(terminating docket no. 32 ). (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 9/26/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RONNIE FIELDS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-06494-HSG (PR) ORDER DEEMING MOTION FOR SUMMARY JUDGMENT SUBMITTED v. CLARK E. DUCART, et al., Re: Dkt. No. 32 Defendants. 12 13 Plaintiff Ronnie Fields, an inmate at Pelican Bay State Prison (“PBSP”), filed this pro se 14 civil rights action under 42 U.S.C. § 1983. On March 23, 2017, the Court found the complaint 15 stated a cognizable Eighth Amendment claim for deliberate indifference to safety and ordered the 16 action served on two defendants at PBSP. Defendants filed a motion for summary judgment on 17 June 14, 2017. Following one extension of time, plaintiff’s opposition was due by August 21, 18 2017. On September 6, 2017, the Court noted that plaintiff had not filed his opposition and gave 19 him an additional ten days in which to do so. As plaintiff still has not filed an opposition, the 20 motion for summary judgment is hereby deemed submitted, and no further briefing or exhibits 21 may be filed without leave of Court. A decision on the motion will be issued in a separate order. 22 Defendants’ motion for an extension of time to file a reply is DENIED as moot. 23 This order terminates Docket No. 32. 24 IT IS SO ORDERED. 25 Dated: 9/26/2017 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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