(PC) Chatman v. Felker, et. al., No. 2:2006cv02912 - Document 89 (E.D. Cal. 2012)
Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 12/3/12 ORDERING that Plaintiffs November 28, 2012 opposition is deemed timely filed; 87 findings and recommendations are VACATED; and defendants reply, if any, is due within 21 days.(Dillon, M)
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(PC) Chatman v. Felker, et. al. Doc. 89 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES CHATMAN, Plaintiff, 11 vs. 12 13 No. 2:06-cv-2912 LKK EFB P TOM FELKER, et al., Defendants. 14 ORDER / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. On August 1, 2012, defendants filed a motion for summary judgment and 18 informed plaintiff of the requirements for opposing a motion for summary judgment. See Fed. R. 19 Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998). On November 19, 2012, 20 after plaintiff failed to file an opposition, the court recommended that this action be dismissed 21 for failure to prosecute. Dckt. No. 87. On November 28, 2012, plaintiff filed an opposition. 22 Dckt. No. 88. 23 Accordingly, it is hereby ORDERED that: 24 1. Plaintiff’s November 28, 2012 opposition is deemed timely filed; 25 2. The November 19, 2012 findings and recommendations are vacated; and 26 //// 1 Dockets.Justia.com 1 2 3. Defendants’ reply, if any, is due within twenty-one days. Dated: December 3, 2012. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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