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Carlos Pena v. D. Huckabay

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 14, 2012

CARLOS PENA,
PLAINTIFF,
v.
D. HUCKABAY, ET AL.,
DEFENDANTS.

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

ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON OPPOSITION TO MOTION FOR SUMMARY JUDGMENT WITHIN THIRTY DAYS (Docs. 21 and 22)

Plaintiff Carlos Pena, a former state prisoner proceeding pro se, filed this civil action on September 5, 2008, in Fresno County Superior Court. Defendants Huckabay, Ericson, Tucker, Valencia, and Dever filed a notice of removal on February 27, 2009, 28 U.S.C. § 1441(b), and pursuant to the Court's screening order filed on March 11, 2011, the action is proceeding against Defendants Valencia and Dever on Plaintiff's Eighth Amendment excessive force claim, 28 U.S.C. § 1915A. On March 12, 2012, Defendants filed a motion for summary judgment.

Plaintiff is HEREBY ORDERED to file an opposition or a statement of non-opposition to Defendants' motion within thirty (30) days from the date of service of this order. If Plaintiff fails to comply, this action will be dismissed, with prejudice, for failure to prosecute.

IT IS SO ORDERED.

20120314

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