(PC) Howard v. Brown, Jr.

Good Law
United States District Court, Eastern District of CaliforniaAugust 26, 20211:18-cv-01710California449 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 9 MICHAEL ANTHONY HOWARD, Case No. 1:18-cv-01710-DAD-EPG (PC) Plaintiff,

ORDER REQUIRING PLAINTIFF TO FILE

v. OPPOSITION OR STATEMENT OF NON-

OPPOSITION TO DEFENDANTS’

MOTION FOR SUMMARY JUDGMENT SGT. ENCINAS, et al., 14 Defendants. 15 Michael Howard (“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, which includes state law claims. On July 12, 2021, Defendants filed a motion for summary judgment. (ECF No. 61). Plaintiff was required to file an opposition or a statement of non-opposition to the motion within twenty-one days, Local Rule 230(l), but did not do so. Local Rule 230(l) provides that the failure “to file an opposition or to file a statement of no opposition 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,…

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