Stratmon v. Tucker et al

Filing 73

ORDER REQUIRING Response to Defendant's Motion for Summary Judgment, signed by Magistrate Judge Stanley A. Boone on 4/16/18. (Marrujo, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID STRATMON, JR., 11 Plaintiff, 12 13 v. ANGELA MORRIS, 14 No. 1:12-cv-018370-DAD-SAB-PC ORDER REQUIRING RESPONSE TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF No. 67) Defendant. 15 16 17 Plaintiff David Stratmon, Jr., is a federal prisoner proceeding pro se in this civil rights 18 action pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 19 U.S. 388 (1971). 20 On November 30, 2017, Defendant Morris filed a motion for summary judgment. (ECF 21 No. 67.) Plaintiff did not respond to that motion within the time permitted. Instead, on December 22 7, 2017, Plaintiff filed a motion for judgment by default and to strike defendant’s answer on the 23 basis that his ability to litigate this case had been curtailed due to the destruction and confiscation 24 of his legal property. (ECF No. 68.) 25 On January 17, 2018, the undersigned issued findings and recommendations 26 recommending that Plaintiff’s motion be denied. (ECF No. 69.) On April 13, 2018, the District 27 Judge adopted the findings and recommendations over Plaintiff’s objection, and referred this 28 matter back to the undersigned for further proceedings consistent with that order. (ECF No. 72.) 1 1 Based on the foregoing, the Court finds it appropriate to set a new deadline for Plaintiff to 2 file his response to Defendant’s motion for summary judgment. His response shall be due within 3 thirty (30) days from the date of service of this order. Plaintiff may inform the Court through a 4 written declaration filed with his response whether any papers, evidence, or other materials are 5 missing that are necessary to oppose Defendant’s motion, and may argue whether he is prejudiced 6 as a result. If necessary, Defendant may submit a response to any such arguments in addition to a 7 reply brief supporting Defendant’s motion for summary judgment. 8 Accordingly, it is HEREBY ORDERED that Plaintiff’s response to Defendant’s motion 9 for summary judgment shall be filed within thirty (30) days of the date of service of this order. 10 11 12 IT IS SO ORDERED. Dated: April 16, 2018 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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