(PC) Moore v. Torres ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 XZAVR MOORE, Case No. 1:18-cv-00601-LJO-EPG (PC) 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON- 13 v. OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT WITHIN 14 S. TORRES, et al., THIRTY DAYS 15 Defendants. (ECF NO. 143) 16 17 18 Xzavr Moore (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 27, 2019, Defendants 20 filed a motion for summary judgment. (ECF No. 43.) Plaintiff was required to file an opposition 21 or statement of non-opposition to the motion within twenty-one days, Local Rule 230(I), but did 22 not do so. 23 Local Rule 230(I) provides that the failure to oppose a motion “may be deemed a waiver 24 of any opposition to the granting of the motion and may result in the imposition of sanctions.” 25 While a motion for summary judgment cannot be granted by default, Heinemann v. Satterberg, 26 731 F.3d 914, 916 (9th Cir. 2013), the Court does have other options when a party fails to 27 respond. For example, if Plaintiff fails to respond, the Court may treat the facts asserted by 28 Defendants as “undisputed for purposes of the motion.” Fed. R. P. 56(e)(2). Alternatively, if 1 | Plaintiff fails to oppose the motion or file a statement of non-opposition, the Court may 2 || recommend that this case be dismissed for failure to prosecute and failure to comply with a court 3 | order. 4 Accordingly, based on the foregoing, IT IS HEREBY ORDERED that within thirty days 5 | from the date of service of this order, Plaintiff shall file an opposition or a statement of non- 6 | Opposition to Defendants’ motion for summary judgment. 7 3 IT IS SO ORDERED. 9} Dated: _ October 28, 2019 [see heey □ 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28