Vandervall v. Feltner et al
Filing
38
ORDER signed by Magistrate Judge Dale A. Drozd on 11/28/2011 ORDERING that plaintiff is GRANTED a final thirty days from the date of service of this order to file an opposition to defendants' 32 motion for summary judgment. (Zignago, K.)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
KARL VANDERVALL,
11
12
13
14
15
16
17
18
Plaintiff,
No. CIV S-09-1576 GEB DAD P
vs.
J. FELTNER, et al.,
Defendants.
ORDER
/
Plaintiff is a state prisoner proceeding pro se and in forma pauperis. Plaintiff
seeks relief pursuant to 42 U.S.C. § 1983.
On April 7, 2011, defendants Feltner and Machado filed a motion for summary
19
judgment, arguing that they are entitled to judgment in their favor as a matter of law with respect
20
to plaintiff’s retaliation claims. Plaintiff failed to file an appropriate response to defendants’
21
motion even after repeated orders issued by this court instructing him on how to file an
22
opposition to defendants’ motion. Accordingly, on October 12, 2011, the undersigned issued
23
findings and recommendations, recommending that this action be dismissed due to plaintiff’s
24
failure to prosecute this case. Plaintiff then filed timely objections to the findings and
25
recommendations complaining that it is not his fault that he cannot file an opposition to
26
defendants’ motion. According to plaintiff, he is housed in the Security Housing Unit at his
1
1
institution of confinement, and prison officials are refusing to transfer him to housing where he
2
can obtain assistance on this matter.
3
Plaintiff is reminded that he filed this civil rights action and has a duty to
4
diligently prosecute this case in good faith. At this time, the court will not vacate the pending
5
findings and recommendations. However, in the interest of justice, the court will grant plaintiff a
6
final thirty days to file an opposition to defendants’ motion for summary judgment. If plaintiff
7
fails to do so, the court will forward the pending findings and recommendations recommending
8
dismissal to the assigned district judge.
9
Accordingly, IT IS HEREBY ORDERED that plaintiff is granted a final thirty
10
days from the date of service of this order to file an opposition to defendants’ motion for
11
summary judgment.
12
DATED: November 28, 2011.
13
14
15
DAD:9
vand1576.opp(2)
16
17
18
19
20
21
22
23
24
25
26
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?
