Charles Windham v. Rodriguez et al

Filing 46

ORDER DIRECTING Defendant to Re-Serve Motion for Summary Judgment 44 , signed by Magistrate Judge Stanley A. Boone on 10/18/17. (Case Management Deadline: 7-Day Deadline)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES WINDHAM,

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Plaintiff,

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v.

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C. RODRIGUEZ,

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Defendant.

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Case No.: 1:16-cv-00979-AWI-SAB (PC)
ORDER DIRECTING DEFENDANT TO RESERVE MOTION FOR SUMMARY JUDGMENT
(ECF No. 44)

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Plaintiff Charles Windham is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983.

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On August 23, 2017, the Court ordered Plaintiff to file a response to Defendant C. Rodriguez’s

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motion for summary judgment for the failure to exhaust administrative remedies, as his response was

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overdue. (ECF No. 40.) Defendant’s motion was filed with a proof of service stating that it was mailed

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to Plaintiff at Mule Creek State Prison on July 20, 2017. (ECF No. 33, at p. 11).

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On October 16, 2017, Plaintiff filed an opposition statement, stating that he received the

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Court’s order, but never received the motion for summary judgment, and intends to oppose it. Plaintiff

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requests that he be provided with Defendant’s motion.

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Although Defendant provided proof that Plaintiff was served with the motion for summary

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judgment at his address of record, it appears Plaintiff has not received it. In the interests of justice and

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to keep this matter moving towards resolution, the Court will direct Defendant to re-serve the motion.
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Accordingly, the Court HEREBY ORDERS that:

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Within seven (7) days of the date of this order, Defendant shall re-serve the motion for
summary judgment on Plaintiff, and file a certificate of service with the Court;

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2.

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Plaintiff shall file an opposition to Defendant’s motion for summary judgment within

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twenty-one (21) days of the date of service of Defendant’s motion. Local Rule 230(l);

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and
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The parties are warned that extensions of time will not be granted absent a

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showing of good cause. The failure to comply with this order may result in the

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imposition of sanctions.

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IT IS SO ORDERED.

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Dated:

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October 18, 2017
UNITED STATES MAGISTRATE JUDGE

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