Opinion
No. CIV S-09-1472 MCE GGH P.
July 9, 2010
ORDER
On May 12, 2010, defendants filed a motion to dismiss this action to which plaintiff has not filed any response. However, the motion indicates service upon plaintiff only at High Desert State Prison while plaintiff served a notice of change of address on May 17, 2010 (by application of the mailbox rule) to Salinas Valley State Prison.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendants are to file an amended proof of service within seven days showing that the motion to dismiss has been re-served upon plaintiff at his current address: Salinas Valley State Prison;
2. Plaintiff will have twenty-eight days from the date of re-service to file his response to the motion; and
3. Plaintiff's failure to file an opposition to the motion timely will be deemed a waiver of opposition to the motion. SeeOrder, filed on October 30, 2009, ¶ 7 (Docket # 43).