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Thurman v. Grannis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 5, 2009

SEAN R. THURMAN, PLAINTIFF,
v.
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.


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