Dorian Davis v. Flores et al

Filing 66

ORDER DENYING 65 Plaintiff's Request to Withdraw Motion to Extend Time, signed by District Judge Jeffrey T. Miller on 12/10/2010. (Jessen, A)

(PC) Dorian Davis v. Flores et al

Doc. 66

1 2 3 4 5 6 7 8 9 10 11 12 P la in tif f , 13 v. 14 E .G . FLORES et al., 15 D e f e n d a n ts . 16 17 18 19 20 21 22 23 24 25 26 27 28 O n December 1, 2010, Plaintiff filed a motion for an extension of time to file additional b rie f in g in opposition to Defendants' motion for summary judgment. (Doc. No. 63.) The court g ra n te d Plaintiff's motion and ordered Plaintiff to submit any further filings by December 14, 2 0 1 0 , with Defendants' reply due by December 23, 2010. (Doc. No. 64.) The same day that th e court's order was filed, however, Plaintiff filed a second motion seeking to withdraw his r e q u e s t for an extension. (Doc. No. 65.) According to Plaintiff, his ability to access the in f o rm a tio n he seeks has been severely limited by the modified program currently being in s titu te d at the facility where he is housed. Moreover, Plaintiff expects the modified program to be prolonged as the result of a mass facility yard search. Therefore, Plaintiff has requested th a t Defendants' motion for summary judgment proceed on the briefing already submitted. B e c a u s e the court has already ruled on Plaintiff's original motion, Plaintiff's request to withdraw the motion to extend time is DENIED. The briefing schedule in the most recent -1D o c . No. 65

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
D O R IA N DAVIS, aka WALI ALT A Q U I, C A S E NO. 1:08-CV-1197-JTM (JMA) O R D E R DENYING PLAINTIFF'S R E Q U E S T TO WITHDRAW M O T I O N TO EXTEND TIME

1:08-CV-1197-JTM (JMA)

Dockets.Justia.com

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o rd e r stands. Plaintiff shall have until December 14, 2010, to file additional briefing if he is a b le to do so; if he is not, then the briefing already submitted shall be construed as the entirety o f his opposition. Defendants shall continue to have until December 23, 2010 to submit their r e p l y. I T IS SO ORDERED. D A T E D : December 10, 2010 Hon. Jeffrey T. Miller United States District Judge

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1:08-CV-1197-JTM (JMA)