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