(PC) Flowers v. County of Fresno ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL DE’ANDRAE FLOWERS, Case No. 1:19-cv-01027-JLT-CDB (PC) 11 Plaintiff, ORDER DIRECTING PLAINTIFF TO RESPOND TO MOTION FOR SUMMARY 12 v. JUDGMENT 13 TOON, (Doc. 83) 14 Defendant. 15 FOURTEEN (14) DAY DEADLINE 16 17 Plaintiff Michael De’Andrae Flowers is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action filed under 42 U.S.C. § 1983. On May 5, 2023, Defendant 19 Zachary Toon filed a motion for summary judgment., which includes a notice of the motion and 20 a warning as required by Rand v. Rowland, 154 F.3d 952 (9th Cir. 1988) (en banc), informing 21 Plaintiff of the requirements of Rule 56 of the Federal Rules of Civil Procedure. (Docs. 83, 83- 22 3.) 23 Local Rule 260(b) also sets forth the procedure for opposing the Defendant’s version of 24 the facts: 25 Any party opposing a motion for summary judgment or summary adjudication shall reproduce the itemized facts in the Statement of Undisputed Facts and admit 26 those facts that are undisputed and deny those that are disputed, including with 27 each denial a citation to the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other document relied upon in 1 | L.R. 260(b). Additionally, “[a] responding party who has no opposition to the granting of the 2 | motion shall serve and file a statement to that effect ....” L.R. 230(c). 3 Accordingly, it is hereby ORDERED that, within fourteen (14) days from the date of 4 | service of this Order, Plaintiff shall file an opposition or a notice of non-opposition response to 5 | Defendant’s motion for summary judgment. If Plaintiff fails to comply, the Court will issue 6 | findings and recommendations on the motion for summary judgment as unopposed and without 7 | further notice to Plaintiff. 8 The Clerk of Court is directed to serve a copy of this Order on Plaintiff as follows: 9 Michael De’ Andrae Flowers, #BG3184 10 Deadwood Conservation Camp #23 17148 McAdams Creek Road 11 Fort Jones, CA 96032-9772 12 | IT IS SO ORDERED. 'S | Dated: _May 22, 2023 | Wr bo 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28