UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 26, 2011
R. GOWER, ET AL., DEFENDANT.
The opinion of the court was delivered by: J. Clifford Wallace United States Circuit Judge
On September 25, 2008, Plaintiff Jamel Walker, who is a California state prisoner, filed a complaint alleging claims pursuant to 42 U.S.C. § 1983. According to the complaint, the State violated Walker's Eighth Amendment rights when a correctional officer shot Walker during a prison riot at the High Desert State Prison in Susanville, California.
On April 8, 2001, the State moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. Pursuant this court's local rules, Walker had twenty-one days to serve and file a response to the State's motion. See Local Rule 78-230(l). Yet, as of May 26, 2011, Walker has not filed a response. Under Rule 78-230(l), Walker's failure to oppose the motion "may be deemed a waiver of any opposition to the granting of the motion . . . ." Id.; see also Brydges v. Lewis, 18 F.3d 651, 653 (9th Cir. 1994) (affirming summary judgment where the district court construed plaintiff's "failure to respond a consent to the motion" because plaintiff had been "warned of the consequence of his failure to respond to the . . . summary judgment motion").
Accordingly, Walker is ORDERED to file a responsive memorandum to the State's motion for summary judgment on or before 5:00 p.m. on June 10, 2011. Should he fail to comply, he is hereby WARNED that his failure may be deemed a waiver, and that I may grant the motion on that basis.
J. Clifford Wallace
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