Knapp v. Cate, et al.

Filing 139

ORDER Denying 138 Plaintiff's Motion to Vacate Order and Order Granting 137 Plaintiff's Motion for New Deadline 137 , signed by District Judge Anthony W. Ishii on 11/26/12. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ERIC CHARLES RODNEY KNAPP,

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CASE NO. 1:08-cv-01779-AWI-BAM PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION TO
VACATE ORDER AND ORDER GRANTING
PLAINTIFF’S MOTION FOR NEW DEADLINE

v.
MATTHEW CATE, et al.,

(ECF Nos. 137, 138)

Defendants.

THIRTY-DAY DEADLINE
/

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Plaintiff Eric Charles Rodney Knapp (“Plaintiff”) is a state prisoner proceeding pro se and

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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

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on the third amended complaint, filed September 29, 2010, against Defendants Koenig, Pate, Otto,

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Backlund, Roberson, Clay, Gibb, Hannah, Semsen, Lyons, and Esquer for deliberate indifference

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to Plaintiff’s need for single cell status in violation of the Eighth Amendment.

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On August 31, 2012, Plaintiff filed a motion for relief from the adverse orders of the

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magistrate judges. (ECF No. 125.) Defendants filed an opposition on September 20, 2012. (ECF

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No. 126.) On September 25, 2012, Defendants filed a motion for summary judgement and motion

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for a protective order, and an order issued on September 26, 2012, staying the discovery in this

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action and ordering Plaintiff to file a response to the motion for summary judgement within thirty

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days. (ECF Nos. 128, 129, 130.) On September 27, 2012, Plaintiff filed a reply to Defendants’

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opposition to his motion for relief. (ECF No. 131.) On October 18, 2012, Plaintiff filed a motion

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to stay the motion for summary judgment so that the Court could rule on his motion for relief, and

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to allow Defendants to withdraw their motion which Plaintiff alleged was brought in bad faith. (ECF
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No. 132.) On October 23, 2012, Defendants filed an opposition to Plaintiff’s motion to stay, and an

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order issued denying Plaintiff’s motion for relief and denying the motion for a stay on October 29,

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2012. (ECF Nos. 134, 135.) On November 8, 2012, Plaintiff filed a motion for an order setting a

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new deadline in this action and a motion to vacate the order denying the stay. (ECF No. 137, 138.)

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Plaintiff complains that the order denying his motion for a stay issued prior to the Court

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receiving and considering his reply to Defendants’ opposition to the motion. Plaintiff’s reply (Doc.

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No. 136) argued that the proceedings should be stayed pending resolution of his motion for relief

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(ECF No. 125). See Doc. No. 136. Plaintiff’s reply also argued that a stay should be granted

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because Defendants’ summary judgment motion violated Rule 11. See id. However, when the Court

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ruled on the motion to stay, it also ruled on Plaintiff’s motion for relief (ECF No. 125) and found

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an insufficient indication that Rule 11 was being violated. See ECF Doc. No. 135. Plaintiff’s reply

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does not change the Court’s analyses or its ruling on Plaintiff’s motion to stay. Error, if any, in not

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considering Plaintiff’s reply was harmless. Thus, Plaintiff’s motion to vacate the order denying the

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temporary stay is denied.

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However, Plaintiff’s motion for an extension of time to file an opposition to the motion for
summary judgment shall be granted.

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Based on the foregoing it is HEREBY ORDERED that:

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1.

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Plaintiff’s motion to vacate the order denying the motion for a temporary stay (ECF
No. 138), is DENIED;

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2.

Plaintiff’s motion for a new deadline (ECF No. 137) is GRANTED; and

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3.

Within thirty (30) days from the date of service of this order, Plaintiff shall file a

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response to Defendants’ motion for summary judgment.

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IT IS SO ORDERED.

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Dated:
0m8i78

November 26, 2012
UNITED STATES DISTRICT JUDGE

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