Smith v. Schwarzenegger et al

Filing 172

ORDER, signed by District Judge Susan R. Bolton on 9/21/15: Plaintiff shall mail a copy of his opposition to Defendants' Motion for Summary Judgment by Friday, October 9, 2015 to Judge Bolton directly. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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Michael Lenoir Smith,
Plaintiff,

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ORDER

v.

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No. 07-cv-1547 SRB (PC)

Arnold Schwarzenegger, et al.,

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Defendants.

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On July 21, 2015 this Court granted Plaintiff’s Third Motion for Court Order

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Access to the Court’s Prison Library and Court Order for Continuance to Respond to

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Defendants’ Motion for Summary Judgment and gave Plaintiff until August 20, 2015 to

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file his Response to Defendants’ Motion for Summary Judgment. No response has been

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filed in this Court and no courtesy copy has been received by this judge. On August 24,

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2015 Defendants filed an Objection and Opposition to Plaintiff’s Correspondence and

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Motion for Order to Return Documents. In that filing Defendants suggest that Plaintiff

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may have mailed his Response to the Ninth Circuit Court of Appeals. The Court also

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notes that in an attachment to a letter dated July 28, 2015 Plaintiff states that he mailed

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his opposition to Defendants’ Motion for Summary Judgment to the Ninth Circuit Court

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of Appeals. This Court has no access to that Response if it was mailed to the Court of

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Appeals. Apparently no courtesy copy was sent to Defendants’ counsel. Plaintiff claims

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to have prepared his opposition to Defendants’ Motion for Summary Judgment. It was

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ordered to be filed by August 20, 2015 and has not been.

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Plaintiff shall be given until Friday, October 9, 2015 to mail a copy of his
opposition to Defendants’ Motion for Summary Judgment to:
Honorable Susan R. Bolton
401 W. Washington Street, SPC 50
Phoenix, AZ 85003
If the opposition is not received in an envelope postmarked no later than October
9, 2015, Defendant’s Motion for Summary Judgment will be granted.

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Dated this 21st day of September, 2015.

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