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Perry Robert Avila v. Matthew Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 6, 2012

PERRY ROBERT AVILA,
PLAINTIFF,
v.
MATTHEW CATE, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER REQUIRING PLAINTIFF TO FILE STATUS REPORT REGARDING HIS ABILITY TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Docs. 22, 26, 39, and 40)

FIFTEEN-DAY DEADLINE

Plaintiff Perry Robert Avila, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 26, 2009. This action for damages is proceeding against Defendants Meadors, Sullivan, Jones, Gonzalez, and Peterson for violation of the Equal Protection Clause of the Fourteenth Amendment.

On March 7, 2011, Defendants filed a motion for summary judgment. By order filed March 24, 2011, Plaintiff was relieved of his obligation to file an opposition or a statement of non-opposition to the motion, pending resolution of the parties' discovery dispute. Resolution of that dispute ultimately resulted in service of subpoenas duces tecum on the custodians of record for the California Department of Corrections and Rehabilitation and the California Correctional Institution. Pursuant to the subpoenas, any responsive documents should have been served on Plaintiff by February 1, 2012.

Accordingly, within fifteen (15) days from the date of service of this order, Plaintiff shall file a status report regarding his ability to file an opposition or a statement of non-opposition to Defendants' motion for summary judgment.

IT IS SO ORDERED.

20120206

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