Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE EDWARD PEYTON, No. 2:21-cv-0719 DJC KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS BRIAN KIBLER, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On December 15, 2022, defendants filed a motion for summary judgment. Plaintiff did not file an opposition. On December 15, 2022, defendants provided plaintiff with contemporaneous notice of the requirements for opposing a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure. (ECF No. 71-3.) (citing Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc).) The court previously advised plaintiff of such requirements in the discovery and scheduling order filed October 21, 2021. (ECF No. 34 at 6-7.) On September 7, 2023, plaintiff was ordered to file an opposition or a statement of non- opposition to the pending motion within twenty-one days. (ECF No. 79.) In…