Opinion
2:21-cv-2187 AC P
08-10-2023
JONATHAN Q. BROWN, Plaintiff, v. S. BERUMEN, et al., Defendants.
ORDER
ALLISON CLAIRE, 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.
On July 7, 2023, defendant filed a motion for summary judgment. ECF No. 24. The Local Rules require that either an opposition or a statement of non-opposition to a motion be filed within twenty-one days after the date of service of said motion. See Local Rule 230(1). To date, plaintiff has not filed a response to the motion. It appears that plaintiff may have abandoned his case.
Accordingly, IT IS HEREBY ORDERED that:
1. Within twenty-one days from the date of this order, plaintiff shall show cause in writing why this case should not be dismissed for failure to prosecute, and
2. The filing within the twenty-one-day period of either an opposition or a statement of non-opposition to defendant's motion for summary judgment, ECF No. 24, will discharge this order to show cause.