Guevara v. Ralls et al
Filing
109
ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/11 ordering that plaintiff is granted 30 days from the date of this order in which to respond to the 05/11/11 order to show cause, and to file an opposition to defendant Rall's motion for summary judgment. (Plummer, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
AMILCAR GUEVARA,
11
12
13
Plaintiff,
No. 2:09-cv-1132 FCD KJN P
Defendants.
ORDER
vs.
A. Ralls, et al.,
14
15
/
16
On May 11, 2011, plaintiff was ordered to show cause why his claims against
17
defendant Ralls are not barred. (Dkt. No. 101.) On May 11, 2011, defendant Ralls filed a
18
motion for summary judgment. (Dkt. No. 102.) Twenty-one days have now passed, and plaintiff
19
has not filed a response to the order to show cause, or filed an opposition to defendant Ralls’
20
motion.
21
However, on May 23, 2011, plaintiff filed a motion for extension of time to file
22
objections to the May 4, 2011 findings and recommendations. Plaintiff stated he was not in
23
possession of his legal materials, as they were taken from him in anticipation of a prison transfer
24
that did not take place. Accordingly, plaintiff will be granted an extension of time in which to
25
respond to the order to show cause and to file an opposition to defendant Ralls’ motion. Plaintiff
26
is cautioned that failure to oppose defendant Ralls’ motion will be deemed as consent to have
1
1
the: (a) pending motion granted; (b) plaintiff’s claims against defendant Ralls dismissed for lack
2
of prosecution; and (c) plaintiff’s claims against defendant Ralls dismissed based on plaintiff’s
3
failure to comply with these rules and a court order. See Local Rules 230(l) & 110; Fed. R. Civ.
4
P. 41(b).1
5
Good cause appearing, IT IS HEREBY ORDERED that plaintiff is granted thirty
6
days from the date of this order in which to respond to the May 11, 2011 order to show cause,
7
and to file an opposition to defendant Ralls’ motion for summary judgment.
8
DATED: June 21, 2011
9
10
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
11
12
guev1132.ext
13
14
15
16
17
18
19
20
1
21
22
Involuntary Dismissal; Effect. If the plaintiff fails to prosecute
or to comply with these rules or a court order, a defendant may
move to dismiss the action or any claim against it. Unless the
dismissal order states otherwise, a dismissal under this subdivision
(b) and any dismissal not under this rule--except one for lack of
jurisdiction, improper venue, or failure to join a party under Rule
19--operates as an adjudication on the merits.
23
24
25
26
Rule 41(b) of the Federal Rules of Civil Procedure provides:
Id.
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
