(PC) Myers v. Bates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BYRON CHAPIN MYERS, No. 2:19-cv-00786-CKD P Plaintiff, v. ORDER AND K. BATES, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. On December 3, 2021, defendants filed a motion for summary judgment and included a notice to plaintiff advising him of the requirements for opposing a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. ECF Nos. 34, 34-1 (defendants’ Rand warning to plaintiff regarding opposing summary judgment); see also Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998)(en banc); Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988). Plaintiff did not file an opposition. On May 23, 2022, the court sua sponte granted plaintiff one last 14 day extension of time to file his opposition, but warned him that the failure to file an opposition would…