Brevick
(PC) Perry v. Brevick
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACK LEE PERRY, No. 2:21-cv-0065 WBS KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS BREVICK, 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 July 31, 2023, defendants filed a motion for summary judgment. (ECF No. 56.) Plaintiff did not file an opposition. On November 2, 2021, the court advised plaintiff of the requirements for opposing a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). (ECF No. 29.) On September 27, 2023, the undersigned granted plaintiff a forty-five days extension of time to file an opposition to the pending motion. (ECF No. 62.) Forty-five days passed and plaintiff did not file an opposition or otherwise respond to the September 27, 2023 order. …