Hernandez v. Hernandez et al

Filing 23

ORDER Granting 20 Request for Extension of Time to Respond to Complaint signed by Magistrate Judge Michael J. Seng on 07/02/2014. Response due by 7/16/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FEDERICO HERNANEZ,

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Plaintiff,

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CASE NO. 1:13-cv-1625-MJS (PC)
ORDER GRANTING REQUEST FOR
EXTENSION OF TIME TO RESPOND TO
COMPLAINT

v.
M. HERNANDEZ, et al.,

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(ECF NO. 20)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. (ECF No. 1.) This matter proceeds
against Defendants Hernandez, Zambrano, Rodriguez, Clark, and Martin on Plaintiff’s

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claim of excessive force in violation of the Eighth Amendment to the United States
Constitution. (ECF No. 16.)

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Pending before the Court is Defendants’ motion to extend the time to respond to

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Plaintiff’s complaint by 45 days, to and including July 16, 2014. (ECF No. 20.) The

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motion is based on defense counsel’s declaration that she has requested, but not

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received,

documents from

the

Inmate Appeals Board

and

California

Victim

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Compensation and Government Appeals Board, and they are necessary to respond to

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Plaintiff’s Complaint. (ECF No. 20.) Plaintiff has not opposed the motion.

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The Court finds good cause for extending the time for Defendants to respond to
Plaintiff’s complaint. Accordingly, IT IS HEREBY ORDERED that Defendants’ motion to

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extend the time to respond to Plaintiff’s complaint (ECF No. 20) is GRANTED, and the

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time for Defendants to file a responsive pleading is extended to and including July 16,

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2014.

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IT IS SO ORDERED.

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Dated:

July 2, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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