Hoffman v. Coyle et al

Filing 24

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 MARCELLAS HOFFMAN, 11 12 13 14 Plaintiff, v. PRESTON, Defendant. 15 ) ) ) ) ) ) ) ) ) ) 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 16 17 Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se and in forma pauperis in 18 this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 19 403 U.S. 388, (1971). This action proceeds on Plaintiff’s claims against Officer Preston in his 20 individual capacity for deliberate indifference in violation of the Eighth Amendment, and retaliation in 21 violation of the First Amendment. 22 On October 23, 2017, Defendant filed a motion for summary judgment pursuant to Federal 23 Rule of Civil Procedure 56 based on exhaustion of administrative remedies. (ECF No. 20.) On 24 November 3, 2017, Plaintiff filed a notice stating that he relies upon his opposition filed on September 25 6, 2017 (ECF No. 16) to oppose Defendant’s current motion. (ECF No. 23.) 26 Pursuant to Local Rule 230(l), regarding motions in prisoner actions, the moving party may, 27 not more than seven (7) days after the opposition has been filed in CM/ECF, serve and file a reply to 28 the opposition. Here, Plaintiff’s notice confirming that he will rely upon a previously-submitted 1 1 opposition was filed in CM/ECF on November 3, 2017. Therefore, the Court and Defendant had notice 2 of an opposition on that date, and the reply will be due within seven (7) days of that filing being made 3 in CM/ECF. 4 Accordingly, it is HEREBY ORDERED that Defendant’s reply in support of the pending 5 motion for summary judgment on exhaustion of administrative remedies, if any, shall be due on or 6 before November 13, 2017. See Fed. R. Civ. P. 6(a)(1)(C) (discussing that if the last day of a period 7 specified in any rule, local rule, or order ends on a legal holiday, the period continues to run until the 8 end of the next day that is not a Saturday, Sunday, or legal holiday). 9 10 IT IS SO ORDERED. 11 Dated: 12 November 6, 2017 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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