(PC) Smith v. Grove et al, No. 2:2018cv02549 - Document 43 (E.D. Cal. 2021)

Court Description: ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/21/21 DENYING 42 plaintiff's request for paperwork. The November 5, 2021 findings and recommendations, 41 , are held in abeyance. Within 14 days of the date of this order, plaintiff shall file either an opposition or statement of non-opposition to defendants' motion for summary judgment.(Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COLEMAN KENYATTA SMITH, Jr., 12 Plaintiff, 13 v. 14 J. GROVE, et al., 15 Defendants. Case No. 2:18-cv-02549-TLN-JDP (PC) ORDER DENY PLAINTIFF’S MOTION FOR PAPERWORK, GRANTING HIM FOURTEEN DAYS TO RESPOND TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND HOLDING THE NOVEMBER 5, 2021 FINDINGS AND RECOMMENDATIONS IN ABEYANCE 16 17 18 19 On July 30, 2021, defendants filed a motion for summary judgment. ECF No. 37. In 20 violation of Local Rule 230(l), plaintiff failed to timely file a response. Accordingly, on 21 September 16, 2021, I ordered plaintiff to show cause within twenty-one days why this action 22 should not be dismissed for failure to prosecute and failure to comply with the court’s local rules. 23 ECF No. 40. I notified him that if he wished to continue this lawsuit, he also needed to file either 24 an opposition or statement of non-opposition to defendants’ motion. Id. 25 After plaintiff failed to timely respond to that order, I recommended that this action be 26 dismissed for failure to prosecute and failure to comply with court orders. ECF No. 41. I also 27 notified the parties that any objections to that recommendation were to be filed within fourteen 28 1 1 days. No objections were filed. However, plaintiff has since filed a document that asks the court 2 to send him the paperwork needed to proceed with this suit. ECF No. 42. Plaintiff’s request is too vague to apprise the court of documents he is attempting to 3 4 obtain. The motion is therefore denied. However, in light of plaintiff’s filing, I will grant 5 plaintiff one final opportunity to file a response to defendants’ motion for summary judgment. 6 Should he again fail to file an opposition or statement of non-opposition to defendants’ motion, 7 the November 5, 2021 findings and recommendations will be submitted to the district judge for 8 consideration. 9 Accordingly, it is hereby ORDERED that: 10 1. Plaintiff’s request for paperwork is construed as a motion and, so construed, is denied. 11 2. The November 5, 2021 findings and recommendations, ECF No. 41, are held in 12 abeyance. 13 14 3. Within fourteen days of the date of this order, plaintiff shall file either an opposition or statement of non-opposition to defendants’ motion for summary judgment. See ECF No. 37. 4. Should plaintiff fail to timely file a response to defendants’ motion, the November 5, 15 16 2021 findings and recommendations will be submitted to the district judge for consideration. 17 18 IT IS SO ORDERED. 19 Dated: 20 21 December 21, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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