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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN CARLOS ALVAREZ, Case No. 1:16-cv-00067-MJS 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE 13 v. 14 15 16 ALEX CHAVARRIA, et al., Defendants. 17 18 Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights 19 action brought pursuant to 42 U.S.C. § 1983. On September 12, 2017, Defendant 20 Chavarria filed a motion to dismiss the complaint for failure to state a claim. (ECF Nos. 21 20-22.) Plaintiff did not respond to the motion. 22 Under the Local Rules of Practice for the United States District Court for the 23 Eastern District of California, opposition, if any, to the granting of a motion “shall be in 24 writing and shall be filed and served not less than fourteen (14) days preceding the 25 noticed (or continued) hearing date.” Local Rule 230(c). 26 Here, Plaintiff failed to comply with Local Rule 230. However, given Plaintiff’s pro 27 se status and considering the interests of justice, on October 19, 2017, the court gave 28 1 Plaintiff a thirty day opportunity to explain his failure to respond and to provide a 2 substantive response to Defendant’s pending motion to dismiss. (ECF No. 23.) 3 On November 21, 2017, Plaintiff filed a motion for extension of time to respond to 4 the order to show cause and the motion to dismiss. (ECF No. 24.) He explains that he is 5 confined to administrative segregation, which limits his access to the law library and to 6 the assistance of the law librarian and other inmates. Plaintiff asks for an additional thirty 7 days to respond to the motion to dismiss. 8 The Court granted Plaintiff’s motion for extension of time. (ECF No. 25.) By this 9 submission, Plaintiff has demonstrated good cause for missing the deadline. 10 Accordingly, IT IS HEREBY ORDERED that the Order to Show Cause (ECF No. 23) be 11 and is DISCHARGED. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: November 28, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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