Filed: Apr. 13, 2015
Latest Update: Apr. 13, 2015
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. 1 On October 17, 2014, defendants Newman and Renolo filed a motion for summary judgment and informed plaintiff of the requirements for opposing a motion for summary judgment. See Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952 , 962-63 (9th Cir. 1998). Plaintiff failed to file an opposition or a statement of no opposition to the motion.
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. 1 On October 17, 2014, defendants Newman and Renolo filed a motion for summary judgment and informed plaintiff of the requirements for opposing a motion for summary judgment. See Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952 , 962-63 (9th Cir. 1998). Plaintiff failed to file an opposition or a statement of no opposition to the motion. O..
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ORDER
EDMUND F. BRENNAN, Magistrate Judge.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983.1 On October 17, 2014, defendants Newman and Renolo filed a motion for summary judgment and informed plaintiff of the requirements for opposing a motion for summary judgment. See Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998). Plaintiff failed to file an opposition or a statement of no opposition to the motion.
On December 2, 2014, the court granted plaintiff 21 days within which to respond to defendants' motion and warned plaintiff that failure to respond to the motion could result in dismissal of this action. See Fed. R. Civ. P. 41(b). In response to that order, plaintiff requested a stay until February 1, 2015, to file his response. ECF No. 23. That request, now moot, is denied.
The court will grant plaintiff one final opportunity to respond to defendants' motion. Plaintiff has now had ample time to prepare and file a response, and the court is not inclined to extend the time further.
Accordingly, it is hereby ORDERED that, plaintiff's motion to stay (ECF No. 23) is denied as moot, and within 21 days of the date of this order, plaintiff shall file either an opposition to the motion or a statement of no opposition. Failure to comply with this order may result in dismissal of this action without prejudice.
