Hoffman v. Coyle et al
Filing
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ORDER Regarding Plaintiff's Notice of Opposition to Defendant's Motion for Summary Judgment signed by Magistrate Judge Stanley A. Boone on 11/6/2017. Defendant's Reply due by 11/13/2017. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARCELLAS HOFFMAN,
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Plaintiff,
v.
PRESTON,
Defendant.
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Case No.: 1:16-cv-01617-AWI-SAB (PC)
ORDER REGARDING PLAINTIFF’S NOTICE OF
OPPOSITION TO DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT
[ECF No. 23]
Defendant’s Reply Due: November 13, 2017
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Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se and in forma pauperis in
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this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,
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403 U.S. 388, (1971). This action proceeds on Plaintiff’s claims against Officer Preston in his
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individual capacity for deliberate indifference in violation of the Eighth Amendment, and retaliation in
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violation of the First Amendment.
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On October 23, 2017, Defendant filed a motion for summary judgment pursuant to Federal
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Rule of Civil Procedure 56 based on exhaustion of administrative remedies. (ECF No. 20.) On
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November 3, 2017, Plaintiff filed a notice stating that he relies upon his opposition filed on September
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6, 2017 (ECF No. 16) to oppose Defendant’s current motion. (ECF No. 23.)
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Pursuant to Local Rule 230(l), regarding motions in prisoner actions, the moving party may,
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not more than seven (7) days after the opposition has been filed in CM/ECF, serve and file a reply to
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the opposition. Here, Plaintiff’s notice confirming that he will rely upon a previously-submitted
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opposition was filed in CM/ECF on November 3, 2017. Therefore, the Court and Defendant had notice
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of an opposition on that date, and the reply will be due within seven (7) days of that filing being made
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in CM/ECF.
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Accordingly, it is HEREBY ORDERED that Defendant’s reply in support of the pending
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motion for summary judgment on exhaustion of administrative remedies, if any, shall be due on or
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before November 13, 2017. See Fed. R. Civ. P. 6(a)(1)(C) (discussing that if the last day of a period
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specified in any rule, local rule, or order ends on a legal holiday, the period continues to run until the
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end of the next day that is not a Saturday, Sunday, or legal holiday).
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IT IS SO ORDERED.
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Dated:
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November 6, 2017
UNITED STATES MAGISTRATE JUDGE
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