Holguin v. Wicks

Filing 20

ORDER Requiring Defendant to File Response to Plaintiff's Motion for Leave to Amend Complaint Within Twenty-One (21) Days signed by Magistrate Judge Barbara A. McAuliffe on 4/17/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO HOLGUIN,

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Plaintiff,
v.
R. WICKS,

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Defendant.
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1:16-cv-0346-DAD-BAM (PC)
ORDER REQUIRING DEFENDANT TO
FILE RESPONSE TO PLAINTIFF’S
MOTION FOR LEAVE TO AMEND
COMPLAINT
(ECF No. 14)
TWENTY-ONE DAY DEADLINE

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Plaintiff Pablo Holguin (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s claim against Defendant Wicks for violation of his procedural due process rights.

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(ECF No. 8.)

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On March 8, 2017, Defendant Wicks filed a motion to dismiss the operative complaint.

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(ECF No. 12.) In response, Plaintiff filed a motion for an extension of time to oppose the motion

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to dismiss, which has been granted by the Court. (ECF Nos. 13, 17.) Plaintiff also filed a

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motion for leave to amend his complaint, (ECF No. 14.), and a motion to lodge documents in

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support of the amended complaint, (ECF No. 15). The Court has granted Plaintiff’s motion to

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lodge documents in support of the lodged first amended complaint. (ECF No. 18.)

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As the motion to amend may have an impact on the pending motion to dismiss, the Court
finds it appropriate for Defendant Wicks to file an opposition or statement of non-opposition in

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response to Plaintiff’s motion to amend the complaint prior to resolution of the motion to

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dismiss.

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Accordingly, it is HEREBY ORDERED that Defendant Wicks shall file an opposition or

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statement of non-opposition to Plaintiff’s motion to amend the complaint (ECF No. 14) within

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twenty-one (21) days from the date of this order. Plaintiff’s reply, if any, shall be filed within

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seven (7) days following service of an opposition.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 17, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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