Huizare

(PC) Alejandro v. Huizare

Good Law
United States District Court, Eastern District of CaliforniaJune 8, 20222:21-cv-00230California330 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AREVALO JESUS ALEJANDRO, No. 2:21-CV-0230-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS HUIZARE, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Defendants’ unopposed motion to dismiss, ECF No. 19. Defendants argue that this action, which was filed in 2021 and concerns events occurring in 2015, must be dismissed as barred by California’s four-year limitations period applicable in this case. The Court construes Plaintiff’s failure to oppose the motion as consent to the relief requested. See Local Rule 230(c), (l). In this regard, the Court notes that Plaintiff was advised on the potential consequences of failing to oppose and was provided additional time to file an opposition. See ECF No. 23 (minute order). Notwithstanding this warning and additional time, Plaintiff did not file an opposition. /…

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