Torres

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 XZAVR MOORE, Case No. 1:18-cv-00601-LJO-EPG (PC) Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE

OPPOSITION OR STATEMENT OF NON-

v. OPPOSITION TO DEFENDANTS’ MOTION

FOR SUMMARY JUDGMENT WITHIN

S. TORRES, et al.,

THIRTY DAYS

Defendants. (ECF NO. 143)

Xzavr Moore (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 27, 2019, Defendants filed a motion for summary judgment. (ECF No. 43.) Plaintiff was required to file an opposition or statement of non-opposition to the motion within twenty-one days, Local Rule 230(I), but did not do so. Local Rule 230(I) provides that the failure to oppose a motion “may be deemed a waiver of any opposition to the granting of the motion and may result in the imposition of sanctions.” While a motion for summary judgment cannot be granted by default, Heinemann v. Satterberg, 26 …