(PC) Black v. Thompson

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RANDY LAMAR BLACK, No. 2:21-cv-02167-TLN-EFB (PC) 11 Plaintiff, 12 v. ORDER 13 P. THOMPSON, et al., 14 Defendants. 15 16 Plaintiff is a federal prisoner proceeding without counsel in a civil rights action brought 17 under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 18 (1971). Currently before the court is the motion to compel of defendants Allred and Birch. ECF 19 No. 75. Specifically, defendants move to compel plaintiff to respond to defendants’ document 20 requests and interrogatories, which were propounded on December 23, 2024. Id. In the 21 alternative, defendants request that this action be dismissed for lack of prosecution. Id. 22 This case was filed in 2021 (ECF No. 1) and defendants’ motion to compel was filed on 23 February 14, 2025. ECF No. 75. Plaintiff has not responded in any way to defendants’ motion 24 and has not requested an extension of time to respond. Indeed, plaintiff has not filed anything 25 with this court since November 26, 2024. ECF No. 73. 26 Plaintiff is hereby ORDERED to file a response to defendants’ motion to compel within 27 fourteen days of service of this order. Failure of plaintiff to file a written opposition or to file a 28 statement of no opposition may be deemed a waiver of any opposition to the granting of 1 || defendants’ motion. Local Rule 230(1). Furthermore, plaintiff is cautioned that failure to comply 2 || “may be grounds for imposition of any and all sanctions authorized by statute or Rule or within 3 || inherent power of the Court.” Local Rule 110. 4 Order 5 For the foregoing reasons, it is ORDERED that plaintiff file either an opposition or a 6 || notice of non-opposition to defendants’ motion to compel within seven days of the date of this 7 || order. No requests for extension will be entertained, and failure to comply with this order may 8 | result in sanctions, up to and including dismissal of this action pursuant to Federal Rule of Civil 9 || Procedure 41(b). 10 11 || Dated: May 12, 2025 □□□ □□ "etiz = Lt EDMUND F. BRENNAN 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28