Stratmon v. Tucker et al
ORDER REQUIRING Response to Defendant's Motion for Summary Judgment, signed by Magistrate Judge Stanley A. Boone on 4/16/18. (Marrujo, C)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DAVID STRATMON, JR.,
ORDER REQUIRING RESPONSE TO
DEFENDANT’S MOTION FOR SUMMARY
(ECF No. 67)
Plaintiff David Stratmon, Jr., is a federal prisoner proceeding pro se in this civil rights
action pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403
U.S. 388 (1971).
On November 30, 2017, Defendant Morris filed a motion for summary judgment. (ECF
No. 67.) Plaintiff did not respond to that motion within the time permitted. Instead, on December
7, 2017, Plaintiff filed a motion for judgment by default and to strike defendant’s answer on the
basis that his ability to litigate this case had been curtailed due to the destruction and confiscation
of his legal property. (ECF No. 68.)
On January 17, 2018, the undersigned issued findings and recommendations
recommending that Plaintiff’s motion be denied. (ECF No. 69.) On April 13, 2018, the District
Judge adopted the findings and recommendations over Plaintiff’s objection, and referred this
matter back to the undersigned for further proceedings consistent with that order. (ECF No. 72.)
Based on the foregoing, the Court finds it appropriate to set a new deadline for Plaintiff to
file his response to Defendant’s motion for summary judgment. His response shall be due within
thirty (30) days from the date of service of this order. Plaintiff may inform the Court through a
written declaration filed with his response whether any papers, evidence, or other materials are
missing that are necessary to oppose Defendant’s motion, and may argue whether he is prejudiced
as a result. If necessary, Defendant may submit a response to any such arguments in addition to a
reply brief supporting Defendant’s motion for summary judgment.
Accordingly, it is HEREBY ORDERED that Plaintiff’s response to Defendant’s motion
for summary judgment shall be filed within thirty (30) days of the date of service of this order.
IT IS SO ORDERED.
April 16, 2018
UNITED STATES MAGISTRATE JUDGE
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