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Avina v. Cronjagar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 12, 2010

JOSE AVINA, PLAINTIFF,
v.
J. CRONJAGAR, ET AL., DEFENDANTS.

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

ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' MOTION TO DISMISS (DOC. 24) RESPONSE DUE WITHIN 21 DAYS

Plaintiff Jose Avina ("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. This action is proceeding on Plaintiff's amended complaint against Defendants Everett Fischer, Reuben Roman, M. Ruff, M. Lunes, and J. Cronjager. Pending before the Court is Defendants Fischer, Roman, and Ruff's motion to dismiss, filed September 7, 2010. As of the date of this order, Plaintiff has yet to file an opposition or otherwise respond. Accordingly, it is HEREBY ORDERED that Plaintiff is to file an opposition to Defendants' motion to dismiss within twenty-one (21) days from the date of service of this order. Failure to file a timely opposition or otherwise respond will be construed as a waiver of opposition.

IT IS SO ORDERED.

20101012

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