(PC) Hernandez v. Covello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDRES C. HERNANDEZ, No. 2:21-cv-01948 DB P 12 Plaintiff, 13 v. ORDER 14 PATRICK COVELLO, et al., 15 Defendants. 16 17 Plaintiff is a former1 state prisoner proceeding pro se and in forma pauperis with this civil 18 rights action seeking relief pursuant to 42 U.S.C. § 1983. On September 29, 2023, defendant 19 filed a motion to dismiss. (ECF No. 30.) Plaintiff’s opposition or statement of non-opposition 20 was due not later than twenty-one days after the date of service of defendant’s motion. E.D. Loc. 21 R. 230(l). Those twenty-one days have passed, and plaintiff has not filed a response to the 22 motion to dismiss. 23 //// 24 1 The California Department of Corrections and Rehabilitation’s inmate locator system located at 25 http://inmatelocator.cdcr.ca.gov reflects that plaintiff is not presently in custody. The court may take judicial notice of information stored on the California Department of Corrections and 26 Rehabilitation inmate locator website. See In re Yahoo Mail Litig., 7 F. Supp. 3d 1016, 1024 (N.D. Cal. 2014) (a court may take judicial notice of information on “publicly accessible 27 websites” not subject to reasonable dispute); Louis v. McCormick &Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency 28 records). 1 IT IS HEREBY ORDERED that: 2 1. Within thirty days of the date of this order, plaintiff shall either file an opposition or 3 statement of non-opposition to the motion to dismiss (ECF No. 30) or show cause in 4 writing why this case should not be dismissed for failure to prosecute and failure to 5 comply with court orders; and 6 2. Failure to comply with this order will result in a recommendation that this action be 7 dismissed. 8 || Dated: November 14, 2023 9 10 ll ORAH BARNES mB: 1S UNITED STATES MAGISTRATE JUDGE 12 | ppv Prisoner Inbox/Civil Rights/R/hern1948.show.cause 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28