Tracy Taylor v. Hubbard et al

Filing 43

ORDER GRANTING IN PART Defendants' Motion for an Extension of Time to Respond signed by Magistrate Judge Barbara A. McAuliffe on 4/2/2012. Defendants shall file a responsive pleading within thirty days of the order denying plaintiff's motion to amend or an order screening the second amended complaint. (Jessen, A)

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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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CASE NO. 1:10-cv–00404-BAM PC
Plaintiff,

v.
SUSAN HUBBARD, et al.,
Defendants.

ORDER GRANTING IN PART
DEFENDANTS’ MOTION FOR AN
EXTENSION OF TIME TO RESPOND AND
DEFENDANTS SHALL FILE A RESPONSIVE
PLEADING WITHIN THIRTY DAYS OF THE
ORDER DENYING PLAINTIFF’S MOTION
TO AMEND OR AN ORDER SCREENING
THE SECOND AMENDED COMPLAINT

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/ (ECF No. 42)
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Plaintiff Tracy Taylor is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 2000cc-1 (Religious Land Use and

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Institutionalized Persons Act of 2000) (“RLUIPA”). This action is proceeding on the first amended

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compliant, filed July 16, 2010, against Defendants Harrington and Wegman for violation of the First

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Amendment and RLUIPA. The Court granted Defendants Harrington and Wegman’s motion for an

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extension of time to respond to the first amended complaint, and a responsive pleading is due on

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April 25, 2012. On March 23, 2012, Plaintiff filed a motion for leave to amend his complain and

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a second amended complaint was lodged. Defendants filed a statement of non-opposition to the

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motion to amend and a motion for an extension of time to respond.

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If Plaintiff’s motion to amend is granted, Defendants request sixty days from the date of

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service of the order screening the second amended complaint to file a responsive pleading.

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Alternately, Defendants request that if Plaintiff’s motion to amend is denied, they be granted thirty

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days from the date of service of the order denying the motion to file a responsive pleading to the first
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amended complaint.

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Defendants’ motion for an extension of time is HEREBY GRANTED IN PART, and

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Defendants shall have thirty days from the date of service of the order denying Plaintiff’s motion to

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file an amended complaint or the order screening Plaintiff’s second amended complaint to file a

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responsive pleading. If additional time, beyond the thirty days, is necessary to file a responsive

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pleading, Defendants must file a motion for an extension of time setting forth good cause.

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IT IS SO ORDERED.
Dated:
cm411

April 2, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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