IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 9, 2010
CLARENCE SARGENT, PLAINTIFF,
P. STATTI, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
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).
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