Opinion
1:20-cv-01609 JLT GSA (PC)
12-07-2023
JUSTIN SHERMAN, Plaintiff, v. RAMADAN, Defendant.
ORDER DIRECTING PLANTIFF TO SHOW CAUSE WHY DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SHOULD NOT BE GRANTED (ECF No. 28) PLAINTIFF'S SHOWING OF CAUSE OR, ALTERNATIVELY, A RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DUE JANUARY 8, 2024
GARY S. AUSTIN UNITED STATES MAGISTRATE JUDGE
Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This matter has reached the dispositive motion phase of the proceedings.
On November 3, 2023, Defendant filed and a Motion for Summary Judgment and served it on Plaintiff. ECF No. 28. Pursuant to Local Rule 230(1), Plaintiff's response to Defendant's motion was to be filed within twenty-one days.
More than twenty-one days has passed and Plaintiff has not filed a response to Defendant's motion. Therefore, Plaintiff will be ordered to show cause why Defendant's Motion for Summary Judgment should not be granted and do so within thirty days. In the alternative, Plaintiff may file a response to Defendant's motion within the same period.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff shall file a showing of cause why Defendant's Motion for Summary Judgment (ECF No. 28) should not be granted.
2. In the alternative to filing a showing of cause, Plaintiff shall file a response to Defendant's Motion for Summary Judgment. See generally Local Rule 230(1).
3. Plaintiff's response to this order shall be filed by January 8, 2024.
Plaintiff is cautioned that failure to comply with this order in a timely fashion may result in a recommendation that this matter be dismissed for failure to prosecute.
ORDER
IT IS SO ORDERED.