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David Napolitano v. R. Archuletta

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 26, 2011

DAVID NAPOLITANO,
PLAINTIFF,
v.
R. ARCHULETTA,
DEFENDANT.

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.

cm411

20110426

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