(PC) Campbell v. Dickey ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY TYRONE CAMPBELL, SR., Case No. 1:14-cv-00918-LJO-BAM (PC) 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON- 13 v. OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 14 P. DICKEY, (ECF No. 61) 15 Defendant. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Anthony Tyrone Campbell, Sr. is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On October 24, 2019, Defendant P. Dickey filed and served a motion for summary 20 judgment. (ECF No. 61.) Plaintiff was provided with notice of the requirements for opposing a 21 motion for summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 22 154 F.3d 952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir.1988). 23 (ECF No. 61-5.) 24 Plaintiff’s response to Defendant’s motion for summary judgment was due on or before 25 November 18, 2019. However, Plaintiff has not filed an opposition, or a statement of non- 26 opposition, to Defendant’s summary judgment motion. Additionally, Plaintiff has not otherwise 27 communicated with the Court. 28 /// 1 Accordingly, pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to file an 2 opposition, or a statement of non-opposition, to Defendant’s motion for summary judgment 3 within twenty-one (21) days from the date of service of this order. Plaintiff is warned that the 4 failure to comply with this order will result in a recommendation to dismiss this action for 5 failure to prosecute and failure to obey a court order. 6 IT IS SO ORDERED. 7 8 Dated: December 3, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28