(PC) Fernandez v. Satterfield ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE FERNANDEZ, Case No. 1:19-cv-01220-DAD-BAK (EPG) (PC) 12 Plaintiff, ORDER REQUIRING RESPONSE TO 13 v. MOTION FOR PARTIAL SUMMARY JUDGMENT 14 SATTERFIELD, et al., 30-DAY DEADLINE 15 Defendants. 16 17 Plaintiff Jorge Fernandez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action. 19 On April 19, 2022, Defendants Bick, Boyette, Darby, Eslick, Flores, Salzer, and 20 Satterfield (“Defendants”) filed a motion for partial summary judgment for Plaintiff’s failure to 21 exhaust administrative remedies. (ECF No. 64.) Pursuant to Local Rule 230(l), and as explained 22 in Defendants’ Notice of Motion (id. at 2), Plaintiff had 21 days to file an opposition or a 23 statement of non-opposition to Defendants’ motion for partial summary judgment. Although more 24 than the provided time has passed, Plaintiff has failed to do so.1 25 While a motion for summary judgment cannot be granted by default, Heinemann v. 26 Satterberg, 731 F.3d 914, 916 (9th Cir. 2013), the Court does have other options when a party 27 1 Also pending before the Court is Defendants’ motion to compel production of documents from Plaintiff (ECF No. 1 | fails to respond. For example, if Plaintiff fails to respond, the Court may treat the facts asserted 2 | by Defendants as “undisputed for purposes of the motion.” Fed. R. Civ. P. 56(e)(2). Alternatively, 3 | if Plaintiff fails to oppose the motion or file a statement of non-opposition, the Court may 4 | recommend that this case be dismissed for failure to prosecute and failure to comply with a court 5 | order. At this time, the Court will not impose any sanctions or treat the facts asserted by 6 | Defendants as undisputed. 7 Accordingly, based on the foregoing, IT IS HEREBY ORDERED that: 8 1. Within 30 days from the date of service of this order, Plaintiff shall file an opposition 9 or a statement of non-opposition to Defendants’ motion for partial summary judgment; 10 2. If Plaintiff fails to comply with this order, in ruling on Defendants’ motion for partial 11 summary judgment the Court may treat the facts asserted by Defendants in the motion 12 for partial summary judgment as undisputed. Alternatively, the Court may recommend 13 that this case be dismissed for Plaintiffs failure to prosecute and failure to comply 14 with a court order. 15 16 IT IS SO ORDERED. 17 | Dated: __-May 27, 2022 [sf ey □ 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28