Way v. 20 Unknown Employees of Federal Bureau of Prisons USP-Atwater, California

Filing 58

Ex Parte Application and ORDER for Extension of Time to Respond to Complaint, signed by Magistrate Judge Dennis L. Beck on 11/18/13.(Case Management Deadline: 2/24/2014) (Martin-Gill, S)

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1 BENJAMIN B. WAGNER United States Attorney 2 VICTORIA L. BOESCH Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 6 Attorneys for Federal Defendants 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LONG WAY, CASE NO. 1:12−CV−00357−AWI−DLB Plaintiff, 12 13 v. 14 20 UNKNOWN EMPLOYEES OF FEDERAL BUREAU OF PRISONS USP−ATWATER, CALIFORNIA, ET AL., Defendants. 15 16 EX PARTE APPLICATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT 17 18 Federal Defendants, pursuant to Local Rule 144, submit this ex parte application for an extension 19 of time to file a response to the Third Amended Complaint (Dkt. 26), on the following grounds: 20 Plaintiff, Long Way, is an inmate in the custody of the Federal Bureau of Prisons and is 21 proceeding in propria persona in this action. Plaintiff’s Third Amended Complaint names 27 individual 22 defendants. Each is identified by last name only or by last name and initials. On August 26, 2013, the 23 Court ordered plaintiff (who is not proceeding in forma pauperis) to serve each defendant within 120 24 days (by December 24, 2013). Dkt. 29. To date, eight defendants have been served. Requests for 25 Department of Justice representation for those individuals and others that the Bureau of Prisons has been 26 able to identify and contact have been submitted and are pending. 27 28 // EX PARTE APPLICATION 30 1 In order to allow time for completion of representation approvals and to facilitate the filing of a 1 2 consolidated response, the undersigned requests an extension until February 24, 2014 (60 days following 3 the last day to serve defendants) for served defendants to file a response to the complaint. No prior 4 extensions of time have been sought. 5 Respectfully submitted, 6 BENJAMIN B. WAGNER United States Attorney 7 8 Dated: November 15, 2013 By: 9 /s/ Victoria L. Boesch VICTORIA L. BOESCH Assistant United States Attorney 10 Attorneys for Federal Defendants 11 12 IT IS SO ORDERED. 13 Dated: 14 /s/ Dennis November 18, 2013 UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 15 16 9b0hied 17 18 19 20 21 22 23 24 25 26 27 28 EX PARTE APPLICATION 30 L. Beck 2

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