Hoffman v. Coyle et al

Filing 46

ORDER Granting Defendant's 45 Motion for Extension of Time to File Responsive Pleading, signed by Magistrate Judge Stanley A. Boone on 6/14/19. Deadline: 07/19/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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No.: 1:16-cv-01617-LJO-SAB (PC)

MARCELLAS HOFFMAN,

ORDER GRANTING DEFENDANT’S
MOTION FOR AN EXTENSION OF TIME
TO FILE A RESPONSIVE PLEADING

Plaintiff,
v.

(ECF No. 45)

TIMOTHY PRESTON,
Defendant.

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Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of

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Narcotics, 403 U.S. 388 (1971).

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On April 11, 2019, Plaintiff filed a first amended complaint against Defendant Preston.

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(ECF No. 42.) On April 25, 2019, the undersigned screened Plaintiff’s first amended complaint

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and issued Findings and Recommendations recommending that this action proceed on Plaintiff’s

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Eighth Amendment claims, but that Plaintiff’s First Amendment claim be dismissed. (ECF No.

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43.) On June 13, 2019, the District Judge adopted the Findings and Recommendations in full,

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ordered that this action shall proceed against Defendant Preston for violations of the Eighth

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Amendment, and dismissed Plaintiff’s First Amendment retaliation claim. (ECF No. 44.)

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Currently before the Court is Defendant’s request for scheduling order, filed on June 13,

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2019. (ECF No. 45.) The Court interprets Defendant’s request as a motion for an extension of
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time to file a responsive pleading. In his motion, Defendant requests that he needs additional time

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to prepare and file a motion to dismiss Plaintiff’s first amended complaint because counsel will be

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traveling overseas from June 15, 2019 through June 30, 2019. (Id.)

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Having considered Defendant’s request, the Court finds that Defendant has established

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good cause for an extension of time to file a responsive pleading. Fed. R. Civ. P. 6(b) & 15(a)(3).

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Accordingly, Defendant’s motion for an extension of time to file a responsive pleading, (ECF No.

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45), is HEREBY GRANTED. Defendant must file a motion to dismiss, or another responsive

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pleading, no later than July 19, 2019.

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IT IS SO ORDERED.
Dated:

June 14, 2019
UNITED STATES MAGISTRATE JUDGE

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