Gaston v. Terronez

Filing 60

ORDER Discharging Order to Show Cause re 57 ; Order Granting Plaintiff Extension of Time to File Response to Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 6/25/12. Thirty Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:08-cv-01629-GSA-PC

ANTHONY GASTON,

ORDER DISCHARGING ORDER TO SHOW
CAUSE
(Doc. 57.)

Plaintiff,
v.

ORDER GRANTING PLAINTIFF EXTENSION
OF TIME TO FILE RESPONSE TO MOTION
FOR SUMMARY JUDGMENT

TERRONEZ,

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Defendant.
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THIRTY DAY DEADLINE
/

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Anthony Gaston (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with

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

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action on October 27, 2008. (Doc. 1.) This action now proceeds on the First Amended Complaint,

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filed by Plaintiff on May 4, 2009, against defendant Correctional Officer Lisa Terronez

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(“Defendant”) for violations of Plaintiff’s rights under the Eighth Amendment and the Americans

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with Disabilities Act (“ADA”). (Doc. 8.)

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The parties to this action have consented to the jurisdiction of a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(c) for all further proceedings, including trial and entry of final

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judgment. (Docs. 5, 16.)

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On May 21, 2012, the Court entered an Order to Show Cause, requiring Plaintiff to show

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cause why this action should not be dismissed for Plaintiff’s failure to comply with the Court’s order
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requiring him to file a status report. (Doc. 57.) On June 20, 2012, Plaintiff filed a response to the

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Order to Show Cause, explaining that he inadvertently sent the status report to Defendant instead of

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to the Court. (Doc. 59.) Plaintiff notified the Court that his United States Supreme Court appeal was

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dismissed “sometime around April-2012.” (Id. at 1.) Plaintiff also asserts that he is suffering acute

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symptoms of mental illness, has attempted suicide, and was transferred to a mental health facility

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in Vacaville, California, where he is currently undergoing treatment. (Id. at 1-2.) Plaintiff also

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requests an extension of time to respond to Defendant’s motion for summary judgment of May 18,

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2012. (Id. at 2.)

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Good cause having been presented to the Court, and GOOD CAUSE APPEARING
THEREFOR, IT IS HEREBY ORDERED that:

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1.

The Court’s Order to Show Cause, entered on May 21, 2012, is DISCHARGED;

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2.

Plaintiff’s request for an extension of time is GRANTED; and

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3.

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

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to Defendant’s motion for summary judgment of May 18, 2012.

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IT IS SO ORDERED.

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Dated:
6i0kij

June 25, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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