Calloway v. Kelley et al

Filing 94

ORDER Denying 89 Plaintiff's Request to Dismiss Defendants' Motion for Summary Judgment as Untimely, signed by Magistrate Judge Stanley A. Boone on 04/15/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

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Plaintiff,
v.
G. KELLEY, et al.,
Defendants.

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Case No.: 1:11-cv-01090-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST TO
DISMISS DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT AS UNTIMELY
[ECF No. 89]

Plaintiff Jamisi Jermaine Calloway is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On February 25, 2015, Plaintiff filed a motion requesting dismissal of Defendants’ motion for

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summary judgment as untimely. Defendants filed an opposition on March 4, 2015. (ECF No. 90.)

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The motion is deemed submitted pursuant to Local Rule 230(l) as no reply was filed following seven

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days after the opposition was filed.

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In the present motion, Plaintiff contends that Defendants failed to file their motion for

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summary judgment by the February 16, 2015, deadline as set forth in the amended discovery and

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scheduling order. (ECF No. 56.) Plaintiff’s motion must be denied.

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While Plaintiff is correct that the deadline for filing of dispositive motions was February 16,

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2015, such date fell on the Presidents’ Birthday, a recognized legal holiday. Under Federal Rule of

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Civil Procedure 6(a)(1), if the last day of a time period falls on a legal holiday, the period continues to
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run until the end of the next day that is not a legal holiday. Therefore, pursuant to Rule 6(d) the time

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to file a dispositive motion was extended to the end of the following day, February 17, 2015.

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Defendants’ motion for summary judgment was filed on February 17, 2015, and is therefore timely.

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Accordingly, Plaintiff’s request to dismiss Defendants’ motion for summary judgment was untimely is

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DENIED.

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IT IS SO ORDERED.

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Dated:

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April 15, 2015
UNITED STATES MAGISTRATE JUDGE

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