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Jimmy Mcdonald v. J. A. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 13, 2012

JIMMY MCDONALD,
PLAINTIFF,
v.
J. A. YATES, ET AL.,
DEFENDANTS.

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

ORDER STRIKING OPPOSITION AND REQUIRING PLAINTIFF TO FILE AMENDED OPPOSITION WITHIN THIRTY DAYS (Doc. 82)

Plaintiff Jimmy McDonald, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 24, 2009. On July 6, 2012, Defendants filed a motion for summary judgment, and on July 11, 2012, Plaintiff filed his opposition.

On July 9, 2012, the Court issued an order notifying Plaintiff of the requirements for opposing a motion for summary judgment, following the Ninth Circuit's decision in Woods v. Carey, Nos. 09-15548, 09-16113, 2012 WL 2626912 (9th Cir. Jul. 6, 2012). (Doc. 79.) Plaintiff filed his opposition without the benefit of that requisite "fair notice." Woods, 2012 WL 2626912, at *5.

Accordingly, Plaintiff's opposition filed on July 11, 2012, is HEREBY STRICKEN from the record and Plaintiff has thirty (30) days from the date of service of this order within which to file an amended opposition.

IT IS SO ORDERED.

20120713

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