Tracy Taylor v. Hubbard et al

Filing 112

ORDER DIRECTING Plaintiff to SUBMIT his Opposition to Defendants' Motion to Dismiss for Filing signed by Magistrate Judge Barbara A. McAuliffe on 7/19/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRACY TAYLOR,

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Plaintiff,
v.

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SUSAN HUBBARD, et al.,

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Defendants.

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Case No.: 1:10-cv-00404-LJO-BAM PC
ORDER DIRECTING PLAINTIFF TO SUBMIT
HIS OPPOSITION TO DEFENDANTS’ MOTION
TO DISMISS FOR FILING
(ECF Nos. 74, 91)

Plaintiff Tracy Taylor (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. § 1983.
On September 17, 2012, Defendants Harrington and Wegman filed a motion to dismiss for

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failure to exhaust administrative remedies. (ECF No. 74.) After several extensions of time, Plaintiff

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did not file an opposition. However, on November 27, 2012, Defendants Harrington and Wegman

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requested an extension of time to file their reply to Plaintiff’s opposition. (ECF No. 88.) In the

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request, defense counsel indicated that he received a paper copy of Plaintiff’s opposition to the motion

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to dismiss on November 27, 2012, which appeared to have been served on November 21, 2012, along

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with a copy of Plaintiff’s reply to Defendant Cate’s opposition to Plaintiff’s motion for preliminary

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injunction. (ECF No. 88, p. 3.)

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Although the Court granted the requested extension and Defendants filed a reply on January 2,
2013, Plaintiff’s opposition to the motion to dismiss was never filed with the Court. Accordingly,
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Plaintiff SHALL SUBMIT a copy of his opposition for filing within thirty (30) days from the date of

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this order. If Plaintiff no longer has a copy of his opposition, then he shall notify the Court in writing

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within fourteen (14) days after service of this order, and the Court will direct Defendants to submit a

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copy for filing.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 19, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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