UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 5, 2009
SEAN R. THURMAN, PLAINTIFF,
N. GRANNIS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge
ORDER REQUIRING PLAINTIFF TO FILE, WITHIN 30 DAYS, OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANT'S MOTION TO DISMISS
Plaintiff Sean R. Thurman ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On March 16, 2009, Defendant Papenfus filed a Motion to Dismiss based on Plaintiff's failure to exhaust his administrative remedies. Plaintiff has neither filed an opposition to the motion to dismiss, nor a statement of non-opposition to the motion to dismiss. Plaintiff is required to file an opposition or a statement of non-opposition to the motion to dismiss by Local Rule 78-230(m).*fn1
Accordingly, within THIRTY (30) days from the date of service of this Order, Plaintiff shall file an Opposition or a Statement of Non-opposition to Motions to Dismiss and for Summary Judgment. Plaintiff's failure to file an Opposition or Statement of Non-opposition in compliance with this order will result in a Recommendation that this action be dismissed, without prejudice, for failure to obey a court order and failure to prosecute.
IT IS SO ORDERED.