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Jefferson v. Curtis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 26, 2010

JAMES EDWARD JEFFERSON, PLAINTIFF,
v.
OFFICER CURTIS; DOE ZACK, A STORE MANAGER; AND WAL-MART, INC. DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Plaintiff James Edward Jefferson ("Plaintiff") seeks redress for alleged violations of his First Amendment rights and Section 1983 of title 42 of the U.S. Code. Presently before the Court is a Motion by Defendants Wal-Mart Stores, Inc. and store manager Doe Zack ("Defendants") to Dismiss the claims alleged against them in Plaintiff's Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff has failed to timely file an opposition.*fn1

Pursuant to Local Rule 230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. The date of the hearing on motion was set for April 29, 2010. Fourteen (14) days prior to the hearing was April 15, 2010. No opposition was filed as required.

In light of the fact that no opposition was filed by Plaintiff, Defendants' Motion to Dismiss (Docket No. 16) is GRANTED with leave to amend.

Plaintiff may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, without further notice, Plaintiff's claims will be dismissed without leave to amend.

IT IS SO ORDERED.


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