Perez v. Padilla

Filing 34

ORDER on Plaintiff's Letter 33 , signed by Magistrate Judge Erica P. Grosjean on 12/12/16. 21-Day Deadline to File Response to Motion to Dismiss. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 1:14-cv-01730-EPG (PC) JOSEPH PEREZ, 11 ORDER ON PLAINTIFF’S LETTER (ECF NO. 33) Plaintiff, 12 v. 13 R. PADILLA, 14 21-DAY DEADLINE Defendant. 15 16 17 Joseph Perez (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. ' 1983. On November 15, 2016, defendant Padilla 19 filed a motion to dismiss. (ECF No. 30). Plaintiff also filed a notice of the motion to dismiss, 20 which included a hearing date. (Id.). Because having a hearing on a motion to dismiss is not 21 the Court’s regular practice (see Local Rule 230(l)), the Court vacated the hearing and ordered 22 Plaintiff to file a response (ECF No. 32). On December 8, 2016, Plaintiff filed a letter. (ECF 23 No. 33). 24 It is difficult to determine what Plaintiff is asking for. Near the end of the letter 25 Plaintiff states that he wants to know when he can be present on this matter. It appears that the 26 setting and vacating of the hearing may have confused Plaintiff. As mentioned above, there 27 will be no hearing on defendant Padilla’s motion to dismiss unless the Court determines one is 28 required after review of all the briefing. Generally, the Court does not conduct oral arguments 1 1 for motions to dismiss. Thus, Plaintiff must file a written response to the motion to dismiss. 2 Because of this apparent confusion, the Court will grant Plaintiff twenty-one days from 3 the date of service of this order to file a written response to the motion to dismiss. Defendant 4 Padilla will have seven days from the filing of the response to file a reply. 5 Accordingly, it is ORDERED that Plaintiff has twenty-one days from the date of service 6 of this order to file a written response to defendant Padilla’s motion to dismiss. Defendant has 7 seven days from the filing of the response to file a reply. 8 9 Failure to respond to the motion to dismiss may result in the motion to dismiss being granted. 10 11 12 IT IS SO ORDERED. Dated: December 12, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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