(PC) Valdivia v. Vasquez et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN VALDIVIA,
Plaintiff,
v.
MIRIAM VASQUEZ, et al.,
Defendants.
Case No.: 1:24-cv-00597-SKO
ORDER DEEMING DEFENDANTS’
MOTION TO DISMISS FILED
NOVEMBER 5, 2025, UNOPPOSED
Plaintiff John Valdivia, a civil detainee, is appearing pro se and in forma pauperis in this
civil rights action.
On November 10, 2025, the Court issued its Order Construing Lodged First Amended
Complaint to be Motion to Amend Complaint and Proposed First Amended Complaint; Order
Terminating Motion to Dismiss Filed August 15, 2025; and Order Directing Plaintiff to File
Opposition or Statement of Non-Opposition to Motion to Dismiss Filed November 5, 2025,
Within 30 Days. (See Doc. 22.) Plaintiff was warned “that any failure to file either an opposition
or a statement of non-opposition within 30 days … will result in the Defendant’s November 5,
2025, motion being deemed unopposed.” (Id. at 4.)
Although more than 30 days have passed, Plaintiff has failed to file either an opposition or
a statement of non-opposition.
//
Case 1:24-cv-00597-SKO Document 24 Filed 12/29/25 Page 1 of 2

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Accordingly, the Court HEREBY ORDERS that Defendants’ motion to dismiss filed
November 5, 2025 (Doc. 21), is deemed UNOPPOSED and submitted. The undersigned will
issue findings and recommendations in due course.
IT IS SO ORDERED.
Dated: December 29, 2025 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE
Case 1:24-cv-00597-SKO Document 24 Filed 12/29/25 Page 2 of 2