UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 26, 2011
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NONv. OPPOSITION TO DEFENDANT'S MOTION TO DISMISS THIRTY-DAY DEADLINE
(ECF No. 28)
Plaintiff David Napolitano ("Plaintiff") is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendant Archuletta for use of excessive force in violation of the Eighth Amendment.
On December 13, 2010, Defendant filed a motion to dismiss. 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 Defendant's motion to dismiss within thirty (30) days from the date of service of this order; and
2 The failure to respond to Defendant's motion in compliance with this order will result in dismissal of this action, with prejudice, for failure to prosecute.
IT IS SO ORDERED.
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