Clark v. California Department Of Corrections And Rehabilitations Substance Abuse Treatment Facility et al

Filing 16

ORDER Granting Defendants' Request for Extension of Time to File Responsive Pleading re 15 , signed by Magistrate Judge Barbara A. McAuliffe on 03/21/14. Thirty-Five Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN CLARK, 12 13 v. Case No. 1:12-cv-00461 BAM Plaintiff, ORDER GRANTING DEFENDANTS’ REQUEST FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING 14 (ECF No. 15) 15 16 DR. KOKOR, et al., Defendants. 17 18 Plaintiff Stephen Clark (“Plaintiff”) is a former state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 23, 2013, the 20 Court screened Plaintiff’s complaint and found that it stated a cognizable claim Eighth 21 Amendment claim against Defendants Ugwueze and Kokor for deliberate indifference to serious 22 medical needs. (ECF No. 8.) On September 16, 2013, the Court directed service by the U. S. 23 Marshals Service. (ECF No. 10.) The U.S. Marshals Service personally served Defendants with 24 the complaint and summons on February 28, 2014. (ECF No. 12.) Based on service, Defendants’ 25 responsive pleading is due on March 21, 2014. 26 On March 20, 2014, Defendants filed the instant motion for a thirty-five day extension of 27 time to file their responsive pleading. Defense counsel explains that she received the matter on 28 March 17, 2014, and requires additional time to obtain and review documents before filing a 1 1 responsive pleading. Defense counsel also reports that a stipulation to extend time could not be 2 obtained because efforts to contact Plaintiff by telephone were unsuccessful. (ECF No. 15, pp. 3- 3 4.) 4 Good cause having been shown, Defendants’ request for a thirty-five day extension of time 5 to file and serve a responsive pleading is GRANTED. Defendants shall serve and file their 6 responsive pleading on or before April 25, 2014. 7 IT IS SO ORDERED. 8 Dated: /s/ Barbara March 21, 2014 9 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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