Opinion
No. CIV S-04-1897 LKK GGH P.
February 3, 2006
ORDER
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On November 10, 2005, defendants filed a motion to dismiss. Plaintiff did not oppose the motion.
Defendants served their motion on plaintiff at California State Prison-Lancaster. On December 6, 2005, plaintiff filed a notice of change of address stating that on November 8, 2005, he transferred to California State Prison-Sacramento. On January 9, 2006, plaintiff filed another notice of change of address stating that on December 22, 2005, he returned to Lancaster.
Based on plaintiff's recent transfers, it is unclear whether he received defendants' motion.
Accordingly, IT IS HEREBY ORDERED that:
1. Within ten days of the date of this order, defendants shall re-serve plaintiff at Lancaster with the motion to dismiss and file proof of service;
2. Plaintiff's failure to file a timely opposition to defendants' motion will be deemed a waiver of opposition.