Opinion
Case No. 1:18-cv-00590-AWI-EPG (PC)
02-19-2021
TIENGKHAM SINGANONH, Plaintiff, v. RODRIGUEZ, et al., Defendants.
ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Tiengkham Singanonh ("Plaintiff") is a former prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On January 20, 2021, Defendants filed a motion for summary judgment. (ECF No. 59). Plaintiff has not filed a response or requested additional time to do so. Given this, the Court will direct Plaintiff to file a response to the motion no later than March 19, 2021.
Plaintiff has alleged that he was a pretrial detainee at the time his constitutional rights were allegedly violated. (ECF No. 14, p. 7). --------
The Court notes that while a motion for summary judgment cannot be granted by default, Heinemann v. Satterberg, 731 F.3d 914, 916 (9th Cir. 2013), the Court does have other options when a party fails to respond. For example, if Plaintiff fails to respond, the Court may treat the facts asserted by Defendants as "undisputed for purposes of the motion." Fed. R. Civ. P. 56(e)(2). Alternatively, if Plaintiff fails to oppose the motion or file a statement of non-opposition, the Court may recommend that this case be dismissed for failure to prosecute and failure to comply with a court order.
Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:
1. Plaintiff shall file an opposition or a statement of non-opposition to Defendants' motion for summary judgment no later than March 19, 2021.IT IS SO ORDERED.
2. If Plaintiff files an opposition, Defendants have seven days from the date the opposition is filed in CM/ECF to file and serve a reply to the opposition.
3. If Plaintiff fails to comply with this order, in ruling on Defendants' motion for summary judgment the Court may treat the facts asserted by Defendants in their motion for summary judgment as undisputed. Alternatively, the Court may recommend that this case be dismissed for failure to prosecute and failure to comply with a court order.
Dated: February 19 , 2021
/s/_________
UNITED STATES MAGISTRATE JUDGE