Alvarez v. Chavarria et al

Filing 26

ORDER Discharging 23 Order to Show Cause, signed by Magistrate Judge Michael J. Seng on 11/28/17. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN CARLOS ALVAREZ,

Case No. 1:16-cv-00067-MJS

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Plaintiff, ORDER DISCHARGING ORDER TO
SHOW CAUSE

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v.
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ALEX CHAVARRIA, et al.,
Defendants.

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. On September 12, 2017, Defendant

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Chavarria filed a motion to dismiss the complaint for failure to state a claim. (ECF Nos.

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20-22.) Plaintiff did not respond to the motion.

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Under the Local Rules of Practice for the United States District Court for the

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Eastern District of California, opposition, if any, to the granting of a motion “shall be in

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writing and shall be filed and served not less than fourteen (14) days preceding the

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noticed (or continued) hearing date.” Local Rule 230(c).

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Here, Plaintiff failed to comply with Local Rule 230. However, given Plaintiff’s pro

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se status and considering the interests of justice, on October 19, 2017, the court gave

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Plaintiff a thirty day opportunity to explain his failure to respond and to provide a

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substantive response to Defendant’s pending motion to dismiss. (ECF No. 23.)

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On November 21, 2017, Plaintiff filed a motion for extension of time to respond to

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the order to show cause and the motion to dismiss. (ECF No. 24.) He explains that he is

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confined to administrative segregation, which limits his access to the law library and to

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the assistance of the law librarian and other inmates. Plaintiff asks for an additional thirty

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days to respond to the motion to dismiss.

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The Court granted Plaintiff’s motion for extension of time. (ECF No. 25.) By this

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submission, Plaintiff has demonstrated good cause for missing the deadline.

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Accordingly, IT IS HEREBY ORDERED that the Order to Show Cause (ECF No. 23) be

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and is DISCHARGED.

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IT IS SO ORDERED.
Dated:

November 28, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE