Gray v. Johnson et al

Filing 322

ORDER DENYING 318 Plaintiff's Motion for Extension of Time as Moot, signed by Magistrate Judge Gary S. Austin on 3/23/18. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DANA GRAY,

12
13
14
15

Plaintiff,
vs.

1:13-cv-01473-DAD-GSA-PC
ORDER DENYING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME AS MOOT
(ECF No. 318.)

ROMERO, et al.,
Defendants.

16
17
18

Dana Gray (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with

19

this civil rights action pursuant to 42 U.S.C. § 1983. This case was filed on September 12,

20

2013. (ECF No. 1.) Plaintiff filed the Sixth Amended Complaint on February 12, 2018. (ECF

21

No. 307.) On March 16, 2018, Plaintiff filed a motion for a 45-day extension of time to

22

respond to defense counsel Weiss’s filings. (ECF No. 318.)

23

A review of the record shows that there are no filings by any defendant or defense

24

counsel that require a response from Plaintiff. The only pending motion is Plaintiff’s motion

25

for leave to request punitive damages, filed March 16, 2018. (ECF No. 305.) On February 28,

26

2018, defendant Rebel (through counsel Weiss) filed an opposition to the motion (ECF No.

27

310), and on March 14, 2018, Plaintiff filed a reply (ECF No. 315). The motion is now fully

28

briefed and submitted to the court for ruling. Local Rule 230(l). No other motions are
1

1

currently pending before the Court in this case. Therefore, Plaintiff’s motion for extension of

2

time is moot and shall be denied.

3
4

Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for
extension of time, filed on March 16, 2018, is DENIED as moot.

5
6
7
8

IT IS SO ORDERED.
Dated:

March 23, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2