Johnson v. Gonzalez et al

Filing 104

ORDER Directing Defendants to File a Response to Plaintiff's Request to Amend his Motion for Summary Judgment,signed by Magistrate Judge Barbara A. McAuliffe on 06/3/2014. (10- Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JOHNSON,

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Plaintiff,
v.
L. GONZALEZ, et al.,
Defendants.

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Case No.: 1:09-cv-01264-AWI-BAM PC
ORDER DIRECTING DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFF’S REQUEST TO
AMEND HIS MOTION FOR SUMMARY
JUDGMENT
TEN-DAY DEADLINE

Plaintiff Anthony Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s
complaint, filed on July 21, 2009, against Defendants L. Gonzalez and A. Murrieta for excessive force
in violation of the Eighth Amendment. Following remand by the Ninth Circuit Court of Appeals,
Defendants filed a motion for summary judgment on November 15, 2013. On December 5, 2013,
Plaintiff filed a motion for summary judgment, which appears to be his opposition to Defendants’
motion for summary judgment. Defendants did not reply.
On May 30, 2014, Plaintiff filed the instant request for an additional fifteen days to file an
amended summary judgment motion. (ECF No. 103.) The Court construes the request as one for
leave to file an amended opposition to Defendants’ motion for summary judgment. Accordingly,

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Defendants are HEREBY DIRECTED to file an opposition or statement of non-opposition to

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Plaintiff’s request within ten (10) days from the date of this order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 3, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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