(PC) Allen v. CSP- Sacramento

Good Law
United States District Court, Eastern District of CaliforniaJuly 22, 20222:20-cv-00055California379 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL DEWAYNE ALLEN, No. 2:20-CV-0055-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS V. GEMMET, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ unopposed motion to dismiss, ECF No. 49. In their motion to dismiss, Defendants contend that this action must be dismissed in its entirety as to all claims and defendants because it was filed beyond the applicable two-year limitations period and is, therefore, untimely. See ECF No. 49-1. After the time to oppose the motion had expired and Plaintiff had not filed any opposition to Defendants’ motion, on June 7, 2022, the Court issued a minute order advising that, pursuant to Eastern District of California Local Rule 230(c), (l), the Court could construe Plaintiff’s failure to file an opposition as consent to the relief requested in…

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