UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 5, 2012
MARLIN LATTEREAL ROYAL,
S. KNIGHT, ET AL.,
The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
ORDER REQUIRING PLAINTIFF TO FILE A RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT WITHIN THIRTY DAYS (ECF No. 40)
Plaintiff Marlin Lattereal Royal ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Following resolution of Defendants' motion to dismiss, this action is proceeding on the first amended complaint against Defendant Knight for excessive force in violation of the Eighth Amendment and retaliation in violation of the First Amendment, and Defendant Clark for failure to protect in violation of the Eighth Amendment. (ECF No. 36.)
On October 30, 2012, Defendants filed a motion for summary judgment. Plaintiff has failed to file an opposition or a statement of non-opposition to the motion. Local Rule 230(l). Accordingly, it is HEREBY ORDERED that:
1. Plaintiff shall file an opposition or a statement of non-opposition to Defendants' motion for summary judgment within thirty (30) days from the date of service of this order; and
2. The failure to respond to Defendants' motion in compliance with this order will result in dismissal of this action, with prejudice, for failure to prosecute.
IT IS SO ORDERED.
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