Marquez v. Quintero et al

Filing 18

ORDER Granting Plaintiff's 17 Motion for an Extension of Time to File Supplemental Opposition to Motion to Dismiss; ORDER Directing Clerk of the Court to Update Plaintiff's Address signed by Magistrate Judge Barbara A. McAuliffe on 08/16/2012. Supplemental Opposition due by due by 9/18/2012. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONY MARQUEZ, 10 11 12 CASE NO. 1:10-cv-01965-BAM PC Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR AN EXTENSION OF TIME TO FILE SUPPLEMENTAL OPPOSITION TO MOTION TO DISMISS v. I. QUINTERO, et al., (ECF No. 17) 13 Defendants. ORDER DIRECTING CLERK OF THE COURT TO UPDATE PLAINTIFF’S ADDRESS 14 15 THIRTY-DAY DEADLINE / 16 17 Plaintiff Anthony Marquez is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. On July 13, 2012, an amended second 19 informational order was issued, and Plaintiff was granted an opportunity to file an opposition to 20 Defendant’s motion to dismiss. (ECF Nos. 15, 16.) On August 13, 2012, Plaintiff filed a motion 21 entitled “notice of motion to amend initial complaint an [sic] augmentation of the record for an 22 additional request of an enlargement of time due to good cause demonstrated and circumstances 23 beyond Plaintiff[‘s] control.” (ECF No. 17.) 24 Upon review of the motion, Plaintiff states that he did not receive the July 13, 2012, order 25 until August 6, 2012, because he had been transferred to California Mens’ Colony, East State Prison, 26 Highway 1, P.O. Box 8101, San Luis Obispo, California 93409-8101. Plaintiff requests a thirty day 27 extension of time to file an opposition to Defendant’s motion to dismiss. The Court finds good 28 cause to grant Plaintiff’s motion for an extension of time to file an opposition. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 motion to dismiss is granted; 2. 5 6 Plaintiff’s motion for an extension of time to file an opposition to Defendants’ Within thirty (30) days from the date of service of this order, may file an opposition to Defendant Horban’s motion to dismiss; and 3. The Clerk’s Office is directed to update Plaintiff’s address. 7 8 9 IT IS SO ORDERED. Dated: cm411 August 16, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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