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Amilcar Guevara v. A. Ralls

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 21, 2011

AMILCAR GUEVARA, PLAINTIFF,
v.
A. RALLS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On May 11, 2011, plaintiff was ordered to show cause why his claims against defendant Ralls are not barred. (Dkt. No. 101.) On May 11, 2011, defendant Ralls filed a motion for summary judgment. (Dkt. No. 102.) Twenty-one days have now passed, and plaintiff has not filed a response to the order to show cause, or filed an opposition to defendant Ralls' motion.

However, on May 23, 2011, plaintiff filed a motion for extension of time to file objections to the May 4, 2011 findings and recommendations. Plaintiff stated he was not in possession of his legal materials, as they were taken from him in anticipation of a prison transfer that did not take place. Accordingly, plaintiff will be granted an extension of time in which to respond to the order to show cause and to file an opposition to defendant Ralls' motion. Plaintiff is cautioned that failure to oppose defendant Ralls' motion will be deemed as consent to have the: (a) pending motion granted; (b) plaintiff's claims against defendant Ralls dismissed for lack of prosecution; and (c) plaintiff's claims against defendant Ralls dismissed based on plaintiff's failure to comply with these rules and a court order. See Local Rules 230(l) & 110; Fed. R. Civ.P. 41(b).*fn1

Good cause appearing, IT IS HEREBY ORDERED that plaintiff is granted thirty days from the date of this order in which to respond to the May 11, 2011 order to show cause, and to file an opposition to defendant Ralls' motion for summary judgment.

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