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)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ERIC CHARLES RODNEY KNAPP, 10 11 12 13 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 / 14 15 Plaintiff Eric Charles Rodney Knapp (“Plaintiff”) is a state prisoner proceeding pro se and 16 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding 17 on the third amended complaint, filed September 29, 2010, against Defendants Koenig, Pate, Otto, 18 Backlund, Roberson, Clay, Gibb, Hannah, Semsen, Lyons, and Esquer for deliberate indifference 19 to Plaintiff’s need for single cell status in violation of the Eighth Amendment. 20 On August 31, 2012, Plaintiff filed a motion for relief from the adverse orders of the 21 magistrate judges. (ECF No. 125.) Defendants filed an opposition on September 20, 2012. (ECF 22 No. 126.) On September 25, 2012, Defendants filed a motion for summary judgement and motion 23 for a protective order, and an order issued on September 26, 2012, staying the discovery in this 24 action and ordering Plaintiff to file a response to the motion for summary judgement within thirty 25 days. (ECF Nos. 128, 129, 130.) On September 27, 2012, Plaintiff filed a reply to Defendants’ 26 opposition to his motion for relief. (ECF No. 131.) On October 18, 2012, Plaintiff filed a motion 27 to stay the motion for summary judgment so that the Court could rule on his motion for relief, and 28 to allow Defendants to withdraw their motion which Plaintiff alleged was brought in bad faith. (ECF 1 1 No. 132.) On October 23, 2012, Defendants filed an opposition to Plaintiff’s motion to stay, and an 2 order issued denying Plaintiff’s motion for relief and denying the motion for a stay on October 29, 3 2012. (ECF Nos. 134, 135.) On November 8, 2012, Plaintiff filed a motion for an order setting a 4 new deadline in this action and a motion to vacate the order denying the stay. (ECF No. 137, 138.) 5 Plaintiff complains that the order denying his motion for a stay issued prior to the Court 6 receiving and considering his reply to Defendants’ opposition to the motion. Plaintiff’s reply (Doc. 7 No. 136) argued that the proceedings should be stayed pending resolution of his motion for relief 8 (ECF No. 125). See Doc. No. 136. Plaintiff’s reply also argued that a stay should be granted 9 because Defendants’ summary judgment motion violated Rule 11. See id. However, when the Court 10 ruled on the motion to stay, it also ruled on Plaintiff’s motion for relief (ECF No. 125) and found 11 an insufficient indication that Rule 11 was being violated. See ECF Doc. No. 135. Plaintiff’s reply 12 does not change the Court’s analyses or its ruling on Plaintiff’s motion to stay. Error, if any, in not 13 considering Plaintiff’s reply was harmless. Thus, Plaintiff’s motion to vacate the order denying the 14 temporary stay is denied. 15 16 However, Plaintiff’s motion for an extension of time to file an opposition to the motion for summary judgment shall be granted. 17 Based on the foregoing it is HEREBY ORDERED that: 18 1. 19 Plaintiff’s motion to vacate the order denying the motion for a temporary stay (ECF No. 138), is DENIED; 20 2. Plaintiff’s motion for a new deadline (ECF No. 137) is GRANTED; and 21 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a 22 response to Defendants’ motion for summary judgment. 23 24 IT IS SO ORDERED. 25 26 Dated: 0m8i78 November 26, 2012 UNITED STATES DISTRICT JUDGE 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?