Benyamini v. Manjuano et al

Filing 184

ORDER Denying 182 Motion for Stay; ORDER Granting Extension of Time to File Opposition to Motion for Summary Judgment signed by Magistrate Judge Gary S. Austin on 05/21/2012. Opposition due by 7/23/2012.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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Plaintiff,
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vs.
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DEBBIE MANJUANO, et al.,
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Defendants.
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______________________________)

1:06-cv-01096-AWI-GSA-PC
ORDER DENYING MOTION FOR STAY
(Doc. 182.)
ORDER GRANTING EXTENSION OF TIME
TO FILE OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT
(Doc. 152.)
SIXTY DAY DEADLINE

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Robert Benyamini (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the original Complaint on August

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21, 2006, and this action now proceeds on the Third Amended Complaint filed on May 23, 2008.

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(Docs. 1, 35.) On May 11, 2012, Plaintiff filed a motion to halt all proceedings in this action. (Doc.

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182.)

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Plaintiff requests a stay of this action, including the deadline to file a response to Defendants

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O’Grady, Wilcox and Wilkerson’s motion for summary judgment, because he is scheduled to be

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transferred to another prison and does not have access to his property. As Plaintiff is aware, the

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Court does not lightly stay litigation, due to the possibility of prejudice to defendants. Plaintiff has

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not shown good cause for the Court to stay all proceedings in this action. However, Plaintiff shall be

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granted an extension of time in which to file his opposition to the motion for summary judgment.

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Plaintiff is reminded that he must keep the Court apprised of his current address. Local Rule

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182(f). After Plaintiff is transferred, he is required to file a notice of change of address with the

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Court. Failure to keep the Court informed of his address may result in the dismissal of this action.

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IV.

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff's motion to stay all proceedings in this action, filed on May 11, 2012, is
DENIED;

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2.

Within sixty days from the date of service of this order, Plaintiff shall file a response

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to Defendants O’Grady, Wilcox and Wilkerson’s motion for summary judgment of

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January 6, 2012;

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5.

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Should Plaintiff require a further extension of time, he must file a motion before the
expiration of the current deadline; and

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6.

Further extensions of time shall not be granted without a showing of good cause

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IT IS SO ORDERED.

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Dated:
6i0kij

May 21, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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