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Ellington v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 3, 2010

MARCUS R. ELLINGTON, PLAINTIFF,
v.
CLARK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

OPPOSITION TO MOTION TO DISMISS DUE WITHIN TWENTY DAYS

Plaintiff Marcus R. Ellington ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 8, 2009, Defendants Lunes, Reynoso, Polk, Diaz, Jones, and Ken Clark filed a motion to dismiss. Plaintiff has yet to file an opposition to Defendants' motion.*fn1

Because Plaintiff is proceeding pro se, the Court will grant Plaintiff an extension of time to file his opposition to Defendants' motion to dismiss. Plaintiff is granted twenty (20) days from the date of service of this order in which to file his opposition. Failure to file an opposition will be construed as a waiver of opposition.

IT IS SO ORDERED.


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