(PC) Peyton v. Kibler ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEE EDWARD PEYTON, No. 2:21-cv-0719 DAD KJN P 12 Plaintiff, 13 v. ORDER 14 BRIAN KIBLER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. As set forth below, the undersigned sets a 18 briefing schedule on defendants’ pending motion for summary judgment (ECF No. 71). 19 Background 20 On January 6, 2023, the undersigned stayed defendants’ December 15, 2022 motion for 21 summary judgment and briefing thereon pending resolution of plaintiff’s request for 22 reconsideration concerning discovery (ECF No. 68), and confirmation that plaintiff had access to 23 his legal materials. (ECF No. 73.) Plaintiff was directed to inform the court of the status of his 24 access to his legal materials within fourteen days from the date the district court ruled on 25 plaintiff’s request for reconsideration. (ECF No. 73.) At that time, plaintiff was housed at RJ 26 Donovan in administrative segregation without his legal materials. 27 On August 23, 2023, the district court denied plaintiff’s motion for reconsideration. 28 Fourteen days have passed, and plaintiff did not file an update as to his access to his legal 1 | materials. However, on March 15, 2023, plaintiff filed a notice of change of address, stating that 2 | as of January 31, 2023, plaintiff was transferred to Mule Creek State Prison. (ECF No. 75.) 3 | Further Briefing 4 Plaintiff is no longer housed in administrative segregation at RJ Donovan and has been 5 || housed at Mule Creek State Prison since January of 2023. Therefore, plaintiff is ordered to file 6 || his opposition to defendants’ motion for summary judgment within twenty-one days from the date 7 || of this order. Defendants’ reply may be filed fourteen days thereafter. 8 Plaintiff is reminded of the requirements for filing an opposition to a motion and that 9 || failure to oppose such a motion may be deemed a waiver of opposition to the motion. See Rand 10 | v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 11 | 409, 411-12 (9th Cir. 1988); Local Rule 230(1). See also Rand notice. (ECF No. 71-3.) 12 Good cause appearing, IT IS HEREBY ORDERED that: 13 1. Within twenty-one days from the date of this order, plaintiff shall file an opposition to 14 || defendants’ motion for summary judgment (ECF No. 71) (the court is disinclined to grant further 15 || extensions and delays); 16 2. Defendants may file a reply fourteen days thereafter; and 17 3. Plaintiff is cautioned that failure to oppose defendants’ motion may be deemed a 18 || waiver of opposition to the motion and may result in this action being dismissed. 19 || Dated: September 7, 2023 20 Aectl Aharon 21 KENDALL J. NE /peyt0719.fb UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28