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Darryl Wakefield v. Richard Indermill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 12, 2011

DARRYL WAKEFIELD,
PLAINTIFF,
v.
RICHARD INDERMILL,
DEFENDANT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER D IR E C T IN G D E F E N D A N T INDERMILL TO RE-SERVE MOTION FOR SUMMARY JUDGMENT (ECF No. 50) FIFTEEN DAY DEADLINE

Plaintiff Darryl Wakefield ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 2000cc-1 (Religious Land Use and Institutionalized Persons Act of 2000). On June 22, 2011, Defendant filed a motion for summary judgment. On July 21, 2011, an order issued directing Plaintiff to file a response to Defendant's motion for summary judgment. On August 11, 2011, Plaintiff filed a notice stating that he has not received Defendant's motion for summary judgment.

Accordingly, it is HEREBY ORDERED that:

1. Within fifteen (15) days from the date of service of this order Defendant Indermill shall serve the motion for summary judgment upon Plaintiff;

2. Plaintiff shall file an opposition or a statement of non-opposition to Defendant's motion for summary judgment within thirty (30) days from the date of service of the motion for summary judgment; and

3. 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.

20110812

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