Spencer v. Escobedo et al
Filing
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ORDER GRANTING Plaintiff until April 30, 2017 to File an Opposition to Defendants' Motion for Summary Judgment signed by Magistrate Judge Stanley A. Boone on 4/10/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BERNARD SPENCER,
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Plaintiff,
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v.
A. ESCOBEDO, et al.,
Defendants.
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Case No.: 1:13-cv-01657-LJO-SAB (PC)
ORDER GRANTING PLAINTIFF UNTIL APRIL
30, 2017, TO FILE AN OPPOSITION TO
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
[ECF No. 53]
Plaintiff Bernard Spencer is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On April 6, 2017, Plaintiff filed a sixth request to extend the time to file an opposition to
Defendants’ motion for summary judgment.
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Defendants’ motion for summary judgment was filed on September 30, 2016, and the Court
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has previously granted Plaintiff five separate extensions of time to file an opposition. In the present
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request, Plaintiff states that he has been transferred to three different facilities and his requests for
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legal documents have not been accommodated. Plaintiff indicates that he was returned to California
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Men’s Colony on March 23, 2017. Based on Plaintiff’s representations in the current motion, the
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Court will grant Plaintiff one last and final extension of time to file an opposition to Defendants’
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motion for summary judgment. However, given the length of time that the Defendants’ motion has
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been pending and the fact that Plaintiff has previously receive five thirty day extensions of time to file
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an opposition, no further extensions of time will be honored. Indeed, Plaintiff fails to demonstrate
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what, if any, information is necessary to which he does not have access in order to properly file an
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opposition. Accordingly, Plaintiff has until April 30, 2017, to file an opposition to Defendants’
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motion for summary judgment, after which time the motion will be submitted for review. After that
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time period, the motion will be deemed submitted.
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IT IS SO ORDERED.
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Dated:
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April 10, 2017
UNITED STATES MAGISTRATE JUDGE
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