Alcantar

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 9 BENJAMIN VANFOSSAN, Case No. 1:20-cv-00173-ADA-EPG (PC) Plaintiff,

ORDER REQUIRING PLAINTIFF TO FILE

v. OPPOSITION OR STATEMENT OF NON-

OPPOSITION TO DEFENDANTS’

MOTION FOR SUMMARY JUDGMENT JOHN AMAYA, et al., 14 Defendants. 15 Benjamin VanFossan (“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 February 27, 2023, Defendants filed a motion for summary judgment. (ECF No. 75). Plaintiff had thirty days to file his response (ECF No. 41, p. 6), but did not do so. While a motion for summary judgment cannot be granted by default, Heinemann v. Satterberg, 731 F.3d 914, 916 (9th Cir. 2013), the Court does have other options when a party fails to respond. For example, if Plaintiff fails to respond, the Court may treat the facts asserted by Defendants as “undisputed for purposes of the motion.” Fed. R. Civ. P. 56(e)(2). Alternatively, if Plaintiff…