IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 1, 2009
VICTOR WYATT, PLAINTIFF,
CITY OF CHICO POLICE DEPT, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This case is before the undersigned pursuant to the parties' consent. See 28 U.S.C. § 636(c).
On December 10, 2008, defendant Palmer filed a motion for summary judgment. See Fed. R. Civ. P. 56. On March 6, 2009, the court informed plaintiff that failure to file a written opposition or a statement of no opposition may be deemed a waiver of any opposition to the motion, gave plaintiff 20 days to file an opposition or statement of non-opposition and warned him that failure to do so could result in dismissal. See Fed. R. Civ. P. 41(b). The 20 days have passed and plaintiff has not filed an opposition or a statement of no opposition and has not otherwise responded to the March 6, 2009 order.
Accordingly, this action is DISMISSED without prejudice. Fed. R. Civ. P. 41(b).
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