Spencer v. Escobedo et al

Filing 54

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BERNARD SPENCER, 12 Plaintiff, 13 14 15 v. A. ESCOBEDO, et al., Defendants. 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) 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. 21 Defendants’ motion for summary judgment was filed on September 30, 2016, and the Court 22 has previously granted Plaintiff five separate extensions of time to file an opposition. In the present 23 request, Plaintiff states that he has been transferred to three different facilities and his requests for 24 legal documents have not been accommodated. Plaintiff indicates that he was returned to California 25 Men’s Colony on March 23, 2017. Based on Plaintiff’s representations in the current motion, the 26 Court will grant Plaintiff one last and final extension of time to file an opposition to Defendants’ 27 motion for summary judgment. However, given the length of time that the Defendants’ motion has 28 been pending and the fact that Plaintiff has previously receive five thirty day extensions of time to file 1 1 an opposition, no further extensions of time will be honored. Indeed, Plaintiff fails to demonstrate 2 what, if any, information is necessary to which he does not have access in order to properly file an 3 opposition. Accordingly, Plaintiff has until April 30, 2017, to file an opposition to Defendants’ 4 motion for summary judgment, after which time the motion will be submitted for review. After that 5 time period, the motion will be deemed submitted. 6 7 IT IS SO ORDERED. 8 Dated: 9 April 10, 2017 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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