(PC) DeJohnette v. Gonzalez et al, No. 1:2017cv00696 - Document 33 (E.D. Cal. 2018)

Court Description: ORDER Vacating 30 Findings and Recommendations, signed by Magistrate Judge Jennifer L. Thurston on 12/6/18. Thirty-Day Deadline. (Gonzalez, R)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CERRON T. DEJOHNETTE, 12 13 14 15 Plaintiff, v. 1:17-cv-00696 DAD-JLT (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS (Doc. 30) O. GONZALEZ, et al, THIRTY-DAY DEADLINE Defendants. 16 17 On April 18, 2018, defendants filed a motion for summary judgment for failure to exhaust 18 administrative remedies. Following plaintiff’s repeated failure to file an opposition, the Court 19 issued findings and recommendations to dismiss this action for failure to prosecute and failure to 20 comply with a court order. (Doc. 30.) Though plaintiff failed to file timely objections, two recent 21 notices of change of address filed by him make it appear the findings and recommendations 22 should be vacated and he should be given one final opportunity to oppose the motion. 23 Accordingly, the Court ORDERS as follows: 24 1. The August 15, 2018, findings and recommendations (Doc. 30) are VACATED; 25 2. The Clerk of Court shall serve a copy of defendants’ April 18, 2018, motion for 26 summary judgment (Doc. 25) on plaintiff; and 27 28 1 1 3. Plaintiff SHALL file an opposition to defendants’ motion for summary judgment within thirty days from the date of this order. 2 3 IT IS SO ORDERED. 4 Dated: 5 December 6, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2