Tate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 9 DANIEL LEE THORNBERRY, Case No. 1:19-cv-00825-AWI-EPG (PC) Plaintiff,

ORDER REQUIRING PLAINTIFF TO FILE

v. OPPOSITION OR STATEMENT OF NON-

OPPOSITION TO DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT

HAROLD TATE,

14 Defendant. 15 Daniel Lee Thornberry (“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 a state law claim. On October 8, 2021, Defendant filed a motion for summary judgment. (ECF No. 42). 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,…