Singleton v. Hedgepath et al

Filing 191

ORDER RE Motion signed by Magistrate Judge Gary S. Austin on 9/8/2011. (Sant Agata, S)

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1 2 IN THE UNITED STATES DISTRICT COURT FOR THE 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 10 KELVIN SINGLETON, ) ) Plaintiff, ) ) v. ) ) A. YOUSSEF, et al., ) ) Defendants. ) ____________________________________) NO. 1:08-cv-00095-AWI-GSA-PC ORDER RE MOTION (ECF No. 190) 11 12 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 13 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 14 302. Pending before the Court is Plaintiff’s motion styled as a request for an evidentiary hearing 15 on documents submitted by the parties in support of their respective motions for summary 16 judgment. Plaintiff filed his motion on August 25, 2011. 17 Plaintiff seeks a 60 day extension of time to authenticate certain of his records in support 18 his motion and/or opposition to Defendants’ motion. The Court will construe this as a request to 19 continue the motion for summary judgment. The parties’ motions for summary judgment are 20 continued pursuant to Federal Rule of Civil Procedure 56(f) until such time as the Court rules on 21 Plaintiff’s request filed on August 25, 2011. The Court will address the merits of Plaintiff’s 22 request upon the filing of opposition by Defendants, or upon the expiration of time for filing an 23 opposition. 24 25 26 27 28 IT IS SO ORDERED. Dated: September 8, 2011 /s/ Gary S. Austin 1 6i0kij UNITED STATES MAGISTRATE JUDGE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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