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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID STRATMON, JR.,

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Plaintiff,

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v.
ANGELA MORRIS,

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No. 1:12-cv-018370-DAD-SAB-PC
ORDER REQUIRING RESPONSE TO
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
(ECF No. 67)

Defendant.

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Plaintiff David Stratmon, Jr., is a federal prisoner proceeding pro se in this civil rights

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action pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403

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U.S. 388 (1971).

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On November 30, 2017, Defendant Morris filed a motion for summary judgment. (ECF

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No. 67.) Plaintiff did not respond to that motion within the time permitted. Instead, on December

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7, 2017, Plaintiff filed a motion for judgment by default and to strike defendant’s answer on the

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basis that his ability to litigate this case had been curtailed due to the destruction and confiscation

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of his legal property. (ECF No. 68.)

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On January 17, 2018, the undersigned issued findings and recommendations

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recommending that Plaintiff’s motion be denied. (ECF No. 69.) On April 13, 2018, the District

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Judge adopted the findings and recommendations over Plaintiff’s objection, and referred this

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matter back to the undersigned for further proceedings consistent with that order. (ECF No. 72.)
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Based on the foregoing, the Court finds it appropriate to set a new deadline for Plaintiff to

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file his response to Defendant’s motion for summary judgment. His response shall be due within

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thirty (30) days from the date of service of this order. Plaintiff may inform the Court through a

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written declaration filed with his response whether any papers, evidence, or other materials are

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missing that are necessary to oppose Defendant’s motion, and may argue whether he is prejudiced

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as a result. If necessary, Defendant may submit a response to any such arguments in addition to a

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reply brief supporting Defendant’s motion for summary judgment.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s response to Defendant’s motion

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for summary judgment shall be filed within thirty (30) days of the date of service of this order.

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IT IS SO ORDERED.
Dated:

April 16, 2018
UNITED STATES MAGISTRATE JUDGE

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