(PC) Thomas v. Kern Valley State Prison

I. INTRODUCTION

23 On May 23, 2024, the Court issued its Discovery and Scheduling Order. (Doc. 28.) 24 On August 14, 2024, the Court granted Defendants’ ex parte application to modify the 25 scheduling order. (Doc. 31.) The deadline for filing a motion challenging the exhaustion of 26 administrative remedies was extended to October 22, 2024. (Id. at 2.) 27 On October 22, 2024, Defendants filed a motion for summary judgment for failure to exhaust his administrative remedies. (Doc. 32.) Defendants’ motion included a Rand1 warning (Doc. 32-3), addressing the requirements concerning an opposition to a motion for summary judgment. Although more than 21 days have passed, Plaintiff has failed to file an opposition or statement of non-opposition to Defendants’ motion. II. DISCUSSION Rule 56 of the Federal Rules of Civil Procedure provides in relevant part: Failure to Properly Support of Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may: 9 (1) give an opportunity to properly support or address the fact; 10…