IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 27, 2011
JEFF AIDNIK PLAINTIFF,
SHAWN O'CONNER, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United Statesmagistrate Judge
Plaintiff is a state prisoner proceeding without counsel in an action under 42 U.S.C. § 1983. On April 1, 2011, the court ordered plaintiff to file an opposition or statement of non-opposition in response to defendant Russell's motion to dismiss, filed February 16, 2011. Plaintiff failed to comply with the order or otherwise communicate with the court, so the court recommended dismissal pursuant to Fed.R.Civ.P. 41 (b).
Plaintiff has timely filed an objection to the recommendation of dismissal. While plaintiff offers no plausible explanation for his failure to respond to the motion to dismiss, he does state that he wants to proceed with his case. In keeping with the lenient allowances the court usually extends incarcerated plaintiffs who proceed without counsel, the court will vacate the recommendation of dismissal and provide plaintiff with a final opportunity to oppose the motion to dismiss. Plaintiff is again admonished that his failure to comply with this order will result in a second recommendation of dismissal under Fed.R.Civ.P. 41(b).*fn1
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations entered June 8, 2011, are vacated.
2. Plaintiff has thirty days from the entry of this order in which to file an opposition to the motion to dismiss of February 16, 2011, or a statement of non-opposition. Failure to comply with this order will result in a second recommendation of dismissal under Fed.R.Civ.P. 41(b).