Tafilele v. Harrington et al

Filing 52

ORDER Granting Defendants' Motion For Extension Of Time To File Reply To Motion For Summary Judgment (Docs. 44 , 51 ), Deadline: December 26, 2012, signed by Magistrate Judge Gerald B. Cohn on 12/11/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ASOFA V. TAFILELE,

CASE NO: 1:10-cv-01493-LJO-GBC (PC)

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Plaintiff,
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v.
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ORDER GRANTING DEFENDANTS’
MOTION FOR EXTENSION OF TIME TO
FILE REPLY TO MOTION FOR SUMMARY
JUDGMENT

KELLY HARRINGTON, et al.,
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Docs. 44, 51
Defendants.

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/ DEADLINE: DECEMBER 26, 2012

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On August 18, 2010, Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983. On July 20, 2011, the Court found a cognizable

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Eighth Amendment claim for excessive force against Defendants Mata, Hernandez, Williams,

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Spurgeon, and Murphy, and Eighth Amendment claim for deliberate indifference to serious medical

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need against Defendant Meza. Doc. 15.

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On October 4, 2012, Defendants filed a motion for summary judgment and declarations in

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support of the motion for summary judgment, contemporaneously with a notice as to how Plaintiff

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must oppose the motion in order to avoid dismissal, pursuant to Rand v. Rowland, 154 F.3d 952 (9th

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Cir. 1998) and Woods v. Carey, 684 F.3d 934, 936 (9th Cir. 2012). Docs. 44-47.

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On December 10, 2012, Defendants filed a motion for extension of time to file a reply to the

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motion for summary judgment. Doc. 51. In Defendant’s motion, counsel states that she needs more

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time to review Plaintiff’s voluminous opposition and to prepare a reply. Id. The Court HEREBY

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GRANTS Defendants’ motion for extension of time to file a reply to the motion for summary

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judgment. Defendants requested a deadline of December 24, 2012, but the Court will be closed on

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that day. Therefore, the deadline is December 26, 2012.

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Defendants have until December 26, 2012 in which to file a reply to the motion for summary
judgment.

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IT IS SO ORDERED.

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Dated:
7j8cce

December 11, 2012
UNITED STATES MAGISTRATE JUDGE

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