Clayborne
(PS) DeVan Daniel v. Clayborne
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN DEVAN DANIEL, No. 2:22–cv–1350–DJC–KJN PS Plaintiff, ORDER v. ROBERT CLAYBORNE, Defendants. 16 In July of 2022, plaintiff, who is proceeding without counsel, filed his claims against multiple defendants. The court ultimately ordered service on a single defendant, Robert Clayborne. (ECF No. 15.) On September 26, 2023, defendant Clayborne filed a motion to dismiss, noticing the motion for an October 31, 2023 hearing before the undersigned. (ECF No. 26.) Under the court’s Local Rules, plaintiff was to respond to defendant’s motion at least fourteen days after the motion was filed: or October 10, 2023. See E.D. Cal. L.R. 230(c) (“Opposition, if any, to the granting of the motion shall be in writing and shall be filed and served not less than fourteen (14) days after the motion was filed.”). A review of the court’s docket reveals plaintiff failed to do so by the deadline. /// 27 This action proceeds before the undersigned…