Quiroga v. Graves et al

Filing 66

ORDER ADDRESSING Plaintiff's Objection and Denying Plaintiff's Motion to Strike; Twenty One Day Deadline for Plaintiff to File Opposition or Statement of Non-Opposition to Defendant's Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 7/7/19. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MONICO J. QUIROGA III, 12 13 14 15 Plaintiff, v. 1:16-cv-00234-DAD-GSA-PC ORDER ADDRESSING PLAINTIFF’S OBJECTION AND DENYING PLAINTIFF’S MOTION TO STRIKE (ECF No. 65) SERGEANT GRAVES, et al., Defendants. 16 17 TWENTY-ONE DAY DEADLINE FOR PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 18 19 Monico J. Quiroga III (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s 21 Fourth Amended Complaint filed on September 6, 2018, against defendant Corporal Oscar 22 Fuentes (Defendant) for violation of Plaintiff’s due process rights under the Fourteenth 23 Amendment. (ECF No. 45.) 24 On June 18, 2019, Defendant filed a motion for summary judgment for failure to exhaust 25 administrative remedies. (ECF No. 62.) On July 1, 2019, Plaintiff filed an objection to the 26 motion. (ECF No. 65.) In the objection Plaintiff argues that Defendant’s motion for summary 27 judgment was untimely because it was filed after the court’s deadline for filing exhaustion of 28 remedies motions. Plaintiff requests that the motion for summary judgment be stricken. 1 1 Plaintiff is mistaken that Defendant’s motion for summary judgment was not timely filed. 2 Defendant filed his motion for summary judgment on June 18, 2019. (ECF No. 62.) The court’s 3 deadline for filing such a motion is July 11, 2019, which is after Defendant’s motion was filed.1 4 Therefore, Defendant’s motion for summary judgment was timely filed and Plaintiff’s motion 5 to strike shall be denied. 6 Accordingly, it is HEREBY ORDERED that: 7 1. 8 9 1, 2019, is resolved by this order; 2. 10 11 Plaintiff’s objection to Defendant’s motion for summary judgment, filed on July Plaintiff’s motion to strike Defendant’s motion for summary judgment as untimely is denied; 3. Plaintiff is granted twenty-one days from the date of service of this order in which 12 to file an opposition, or statement of non-opposition to the motion for summary 13 judgment; and 14 4. 15 Plaintiff’s failure to comply with this order shall result in a recommendation that this case be dismissed. 16 17 18 19 IT IS SO ORDERED. Dated: July 7, 2019 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 1 In the court’s discovery and scheduling order, filed on April 11, 2019, the court set a deadline of July 11, 2019, for the filing of exhaustion motions. (ECF No. 58.) 2

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?