Trate
(PC) Milton v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
9 10 KYLE DAVID MILTON, Case No. 1:22-cv-00988-ADA-EPG (PC) Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NON-
v. OPPOSITION DEFENDANTS’ MOTION
TO DISMISS WITHIN TWENTY-ONE
DAYS B.M. TRATE, et al., 15 Defendants. 16 Kyle David Milton (“Plaintiff’) is incarcerated at Atwater U.S. Penitentiary and is proceeding pro se and in forma pauperis in this civil rights action On April 25, 2023, Defendants Trate and Grassley filed a motion to dismiss. (ECF No. 25). On May 26, 2023, Defendant Paltenghi joined the pending motion to dismiss. (ECF No. 30). 20 Plaintiff was required to file an opposition or a statement of non-opposition to the motion within 21 twenty-one days (Local Rule 230(l)), but did not do so. Local Rule 230(l) provides that the failure 22 “to file an opposition or to file a statement of no opposition may be deemed a waiver of any 23 opposition to the granting of the motion and may result in the imposition of sanctions.”…