UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 8, 2011
JEREMY ROBERT CHRISTENSEN,
ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 29)
I. Procedural History
Plaintiff Jeremy Robert Christensen ("Plaintiff") is a 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 on Plaintiff's complaint, filed August 17, 2009, against Defendant Michael Verducci for violation of the Eighth Amendment.
On January 31, 2011, Defendant filed a motion for summary judgment. (Doc. 29). As explained in the Court's second informational order filed on December 11, 2009 (Doc. 10-1), Plaintiff was required to file an opposition or a statement of non-opposition to the motion within twenty-one days, but has not done so. Local Rule 78-230(m). As warned in its second informational order: "the Court may consider plaintiffs failure to act as a waiver of opposition to defendant(s) motion. Plaintiff's waiver of opposition to defendant(s)' motion may result in the entry of summary judgment against plaintiff." (Doc. 10-1).
Accordingly, within twenty (20) days from the date of service of this order, Plaintiff must file an opposition or a statement of non-opposition to the Defendant's motion for summary judgment or the case will be dismissed with prejudice.
IT IS SO ORDERED.
UNITED STATES MAGISTRATE JUDGE
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