Walker v. King et al

Filing 115

ORDER re Plaintiff's 114 Motion for Extension of Time to File Opposition to Motions for Summary Judgment, signed by Magistrate Judge Erica P. Grosjean on 1/16/20. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER WALKER,
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v.
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Case No. 1:16-cv-01665-AWI-EPG (PC)
Plaintiff, ORDER RE: PLAINTIFF’S MOTION FOR
EXTENSION OF TIME TO FILE
OPPOSITION TO MOTIONS FOR
SUMMARY JUDGMENT

TIM POOLE, et al.,

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(ECF NO. 114)
Defendants.

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Roger Walker (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.

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On January 14, 2020, Plaintiff filed a motion for an extension of time to respond to

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Defendants’ motions for summary judgment. (ECF No. 114). However, in the motion, Plaintiff

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appears to ask for time to obtain additional discovery that he needs to respond to the motion for

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summary judgment.

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It is unclear what Plaintiff is requesting. To the extent Plaintiff is requesting an extension

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of time to respond to the motions for summary judgment, the Court finds good cause to grant an

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extension. However, to the extent Plaintiff is asking for additional discovery under 56(d),1

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Federal Rule of Civil Procedure 56(d) states: “If a nonmovant shows by affidavit or declaration that, for
specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the
motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other
appropriate order.”

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Plaintiff has failed to make the required showing (Plaintiff did not file a declaration, and his

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motion simply states that he “needs time for discovery in order to respond”).

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Accordingly, IT IS ORDERED that:
1. Plaintiff has thirty days from the date of service of this order to respond to

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Defendants’ motions for summary judgment.

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2. If Plaintiff believes he needs to take additional discovery in order to appropriately

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respond to the motions, Plaintiff has fourteen days from the date of service of this

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order to file a motion and declaration in accordance with Rule 56(d). In the motion

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Plaintiff should explain what discovery he needs, why it is essential to opposing the

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motions for summary judgment, and why he was unable to obtain the discovery

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earlier. If Plaintiff files such a motion, Defendants have fourteen days from the date

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the motion is docketed to file a response.

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IT IS SO ORDERED.
Dated:

January 16, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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