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Sargent v. Statti

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 9, 2010

CLARENCE SARGENT, PLAINTIFF,
v.
P. STATTI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

On May 12, 2010, defendants filed a motion to dismiss this action to which plaintiff has not filed any response. However, the motion indicates service upon plaintiff only at High Desert State Prison while plaintiff served a notice of change of address on May 17, 2010 (by application of the mailbox rule) to Salinas Valley State Prison.

Accordingly, IT IS HEREBY ORDERED that: 1. Defendants are to file an amended proof of service within seven days showing that the motion to dismiss has been re-served upon plaintiff at his current address:

Salinas Valley State Prison;

2. Plaintiff will have twenty-eight days from the date of re-service to file his response to the motion; and

3. Plaintiff's failure to file an opposition to the motion timely will be deemed a waiver of opposition to the motion. See Order, filed on October 30, 2009, ¶ 7 (Docket # 43).

20100709

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