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Damien Devoid v. D. Hernandez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 28, 2011

DAMIEN DEVOID,
PLAINTIFF,
v.
D. HERNANDEZ, ET AL.,
DEFENDANTS.

ORDER REQUIRING PLAINTIFF TO FILE RESPONSE TO DEFENDANTS' MOTION /FOR SUMMARY JUDGMENT THIRTY-DAY DEADLINE

(ECF No. 20) Plaintiff Damien DeVoid, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on January 5, 2009, pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's amended complaint, filed September 28, 2009, against Defendants M. Mulkern and M. Pasion for deliberate indifference to serious medical needs in violation of the Eighth Amendment.

On January 31, 2011, Defendants filed a motion for summary judgment. Plaintiff failed to file an opposition or a statement of non-opposition to the motion. Local Rule 230(l). Accordingly, it is HEREBY ORDERED that:

1. Plaintiff shall file an opposition or a statement of non-opposition to Defendants' motion for summary judgment within thirty (30) days from the date of service of this order; and

2 The failure to respond to Defendants' motion in compliance with this order will result in dismissal of this action, with prejudice, for failure to prosecute.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE

20110228

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