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McElroy v. Dep't of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 21, 2010

LATWAHN MCELROY, PLAINTIFF,
v.
DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto 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 Latwahn McElroy ("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 October 15, 2009, Defendant Cope filed a motion to dismiss based on Plaintiff's failure to exhaust his administrative remedies. (Doc. #29.) Plaintiff has not filed an opposition or a statement of non-opposition to the motion to dismiss. By Local Rule 230(l), Plaintiff was required to file an opposition or statement of non-opposition within 21 days of the date of service of Defendant's motion to dismiss.

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 Defendant's motion to dismiss. Plaintiff's failure to file an opposition or statement of non-opposition in compliance with this order may result in this action being dismissed for failure to obey a court order and failure to prosecute.

IT IS SO ORDERED.

20100421

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