Martin v. Adams et al

Filing 38

ORDER DENYING Plaintiff's Motion to Dismiss as Moot 27 ; ORDER GRANTING Defendant's Ex-Parte Application for an Extension of Time to File Initial Responsive Pleading 35 , signed by Magistrate Judge Jennifer L. Thurston on 8/22/13: Defendant J. Mora shall have up to, and including September 18, 2013, to file his initial responsive pleading. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN A. MARTIN,

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Plaintiff,

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v.
DERRAL G. ADAMS, et al.,
Defendants.

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Case No.: 1:10-cv-01153 – AWI – JLT (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
DISMISS AS MOOT
(Doc. 27)
ORDER GRANTING DEFENDANT’S EX PARTE
APPLICATION FOR AN EXTENSION OF TIME
TO FILE INITIAL RESPONSIVE PLEADING
(Doc. 35)

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Plaintiff Steven A. Martin (“Plaintiff”) is a state prisoner proceeding pro se with a civil rights

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action pursuant to 42 U.S.C. § 1983. At present, defense counsel appears on behalf of Defendant J.

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Mora and requests additional time to file a responsive pleading. (Docs. 34 and 35). Defense counsel

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requests up to, and including September 18, 2013, to file a responsive pleading. (Doc. 35 at 1).

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Defense counsel reports that she was retained as defense counsel on August 15, 2013. (Doc.

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35-1 at 1). She further indicates that she requires additional time to investigate the matter, and is

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currently requesting documents from Corcoran State Prison and Centinela State Prison for that

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purpose. Id. at 2. She indicates that this extension of time would not prejudice Plaintiff. Id. As

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Defendant J. Mora demonstrates GOOD CAUSE for his request for extension of time, the request is

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GRANTED.

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In addition, the appearance of Defendant J. Mora moots Plaintiff’s motion to dismiss the

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complaint filed on April 10, 2013. (Doc. 27). In his motion to dismiss, Plaintiff essentially sought to

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dismiss the present matter for the sole purpose of ascertaining the whereabouts of Defendant J. Mora.

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See Id. The Court deferred ruling on the matter, as it requested the Legal Affairs Division of the

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CDCR to assist Plaintiff in obtaining the information. (Doc. 28). Thus, Plaintiff’s motion to dismiss is

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DENIED as moot.
ORDER

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Accordingly, the Court HEREBY ORDERS that:

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1. Plaintiff’s motion to dismiss (Doc. 27) is DENIED as moot; and

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2. Defendant J. Mora’s motion for 30-day extension of time to file initial responsive pleading

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is GRANTED. Defendant J. Mora shall have up to, and including, September 18, 2013, to file his

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initial responsive pleading.

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IT IS SO ORDERED.
Dated:

August 22, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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