Opinion
20-cv-1635-bhl
01-13-2022
ALEXANDER D. CAMBRONERO, Plaintiff, v. CHRYSTAL MELI, et al., Defendants.
DECISION AND ORDER
BRETT H. LUDWIG UNITED STATES DISTRICT JUDGE
On December 6, 2021, Defendants filed a motion for summary judgment. Dkt. No. 23. On December 8, 2021, the Court reminded Plaintiff Alexander Cambronero, who is representing himself, that under Civil L. R. 56(b)(2) his response materials were due on January 5, 2022. Dkt. No. 28. The Court also warned Cambronero that under Civil L. R. 7(d) failure to respond to the motion or to ask for additional time to respond would be sufficient cause for the Court to grant the motion as a sanction for noncompliance. The deadline has passed, and Cambronero did not oppose the motion.
The Court has reviewed Defendants' motion, brief in support, and the undisputed facts, see Fed. R. Civ. P. 56(e)(2), and concludes that they are entitled to summary judgment. See Fed.R.Civ.P. 56(e)(3). Based on the proposed findings of fact submitted by Defendants and deemed true by the Court, the evidence demonstrates that Defendant Chrystal Meli had no role or authority over the discontinuation of Cambronero's gabapentin prescription, and that Defendant Dr. Cheryl Jeanpierre's decision to cancel his prescription was a reasonable exercise of her professional judgment. As a result, Defendants are entitled to judgment as a matter of law and their motion must be granted. Additionally, pursuant to Civil L. R. 7(d), the Court finds that Cambronero's failure to respond to Defendants' motion is sufficient cause for the Court to grant the motion as a sanction for noncompliance.
IT IS THEREFORE ORDERED that Defendants' motion for summary judgment (Dkt. No. 23) is GRANTED and this case is DISMISSED. The Clerk is directed to enter judgment accordingly.