Sherman
(PC) Miller v. Sherman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
9 10 ROBERT J. MILLER, Case No. 1:21-cv-01208-JLT-EPG (PC) Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NON-
v. OPPOSITION DEFENDANTS’ MOTION
TO DISMISS WITHIN TWENTY-ONE
DAYS STUART SHERMAN, et al., 15 Defendants. 16 Robert Miller (“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 November 18, 2021, Defendants filed a motion to dismiss. (ECF No. 24). Even though Plaintiff had not yet filed a notice of change of address, on December 16, 2021, Defendants re-served the motion to dismiss on Plaintiff at California Medical Facility, where Plaintiff is now housed. (ECF Nos. 28 & 31).1 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…