Filed: Jun. 26, 2018
Latest Update: Jun. 26, 2018
Summary: ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ORDER DIRECTING CLERK OF COURT TO AMEND CASE CAPTION JEREMY D. PETERSON , Magistrate Judge . I. OPPOSITION TO DEFENDANTS' SUMMARY JUDGMENT MOTION Plaintiff Reamel Curtis is a state prisoner proceeding in forma pauperis in this civil rights action brought under 42 U.S.C. 1983. On April 26, 2018, defendants J. Gonzales and J. Burgarin moved for summary judgment. (Doc. No. 66.) They served their motio
Summary: ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ORDER DIRECTING CLERK OF COURT TO AMEND CASE CAPTION JEREMY D. PETERSON , Magistrate Judge . I. OPPOSITION TO DEFENDANTS' SUMMARY JUDGMENT MOTION Plaintiff Reamel Curtis is a state prisoner proceeding in forma pauperis in this civil rights action brought under 42 U.S.C. 1983. On April 26, 2018, defendants J. Gonzales and J. Burgarin moved for summary judgment. (Doc. No. 66.) They served their motion..
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ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
ORDER DIRECTING CLERK OF COURT TO AMEND CASE CAPTION
JEREMY D. PETERSON, Magistrate Judge.
I. OPPOSITION TO DEFENDANTS' SUMMARY JUDGMENT MOTION
Plaintiff Reamel Curtis is a state prisoner proceeding in forma pauperis in this civil rights action brought under 42 U.S.C. § 1983. On April 26, 2018, defendants J. Gonzales and J. Burgarin moved for summary judgment. (Doc. No. 66.) They served their motion on plaintiff by mailing it to him at his last known address. (Compare Doc. No. 65, at 1, with Doc. No. 66, at 3.) Plaintiff had 21 days to oppose defendants' motion under Local Rule 230(l), but he failed to do so.
Local Rule 230(l) provides that the failure to oppose a motion "may be deemed a waiver of any opposition to the granting of the motion and may result in the imposition of sanctions." As a sanction, the court may treat the facts asserted by defendants as "undisputed for purposes of the motion." Fed. R. Civ. P. 56(e)(2). The court may also dismiss the case for plaintiff's failure to prosecute or failure to comply with a court order.
The court will allow plaintiff one more opportunity to oppose the motion for summary judgment. Plaintiff must file a response to defendants' motion for summary judgment by the deadline set forth below and explain the reason for his delay. If plaintiff fails to do so, the court will deem defendants' motion unopposed, grant the motion on the merits, and dismiss the case. Defendants need not file a response to plaintiff's opposition to summary judgment absent an order from the court.
II. CASE CAPTION
The case caption shows three defendants: J. Gonzales, J. Burgarin, and Martinez. The court allowed plaintiff to proceed against defendants Gonzales and Burgarin; it did not allow him to proceed against defendant Martinez. Defendant Martinez was apparently added to the case caption because of typographical errors. (See Doc. Nos. 15, 20.) The court will direct the clerk of court to remove defendant Martinez from the case caption.
III. ORDER
Accordingly,
1. By Monday, July 16, 2018, plaintiff Reamel Curtis must file an opposition to defendants J. Gonzales and J. Burgarin's motion for summary judgment.
2. The clerk of court is directed to amend the case caption to remove defendant Martinez as a party.
IT IS SO ORDERED.
