Gonzalez v. Razo et al
ORDER DENYING Plaintiff's 64 Motion for Extension of Time and 65 Motion for Court to Instruct Defendants to Serve Plaintiff's Attorney; ORDER DIRECTING Clerk to Serve Plaintiff With a Copy of This Order, signed by Magistrate Judge Erica P. Grosjean on 6/16/17. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MANUEL ANTONIO GONZALEZ,
ORDER DENYING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME AND MOTION
FOR COURT TO INSTRUCT
DEFENDANTS TO SERVE PLAINTIFF’S
(ECF NOS. 64 & 65)
J. RAZO, et al.,
ORDER DIRECTING CLERK TO SERVE
PLAINTIFF WITH A COPY OF THIS
Manuel Antonio Gonzalez (“Plaintiff”) is a state prisoner, and is the plaintiff in this
civil rights action filed pursuant to 42 U.S.C. § 1983, which includes attendant state law claims.
Plaintiff is represented by counsel. On June 15, 2017, Plaintiff filed a motion for extension of
time (ECF No. 64) and a motion for the Court to instruct Defendants to serve Plaintiff’s
attorney (ECF No. 65).
Both of Plaintiff’s motions will be denied. Plaintiff is represented by counsel. If
Plaintiff’s counsel needs an extension of time, he may ask for one. It is also Plaintiff’s
counsel’s responsibility to ask the Court to open discovery, if Plaintiff’s counsel believes
discovery is necessary to respond to the motion for summary judgment, and to file an
opposition to the motion for summary judgment. Plaintiff cannot file motions separate and
apart from his counsel.
As to Plaintiff’s allegation that the motion for summary judgment was improperly
served on Plaintiff but not his counsel, Plaintiff is mistaken. When the motion for summary
judgment was filed, Plaintiff’s counsel was served electronically.
Accordingly, Plaintiff’s counsel has been served with the motion, and there is no need for the
Court to order Defendants to serve Plaintiff’s counsel with a copy of the motion.
Local Rule 135(a).
Therefore, based on the foregoing, IT IS ORDERED that Plaintiff’s motion for
extension of time and motion for the Court to instruct Defendants to serve Plaintiff’s attorney
IT IS FURTHER ORDERED that the Clerk of Court is directed to serve Plaintiff with a
copy of this order.
IT IS SO ORDERED.
June 16, 2017
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?