Cleveland v. Hunton et al

Filing 28

ORDER EXTENDING TIME FOR PLAINTIFF TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS AND CONTINUING HEARING DATE ON THE SAME; Motion Hearing currently set for 10/23/2017 is moved to 11/27/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 10/11/2017. (Kusamura, W)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TIMOTHY CLEVELAND,
Plaintiff,

12
13
14

Case No. 1:16-cv-01732-AWI-SAB
ORDER EXTENDING TIME FOR
PLAINTIFF TO FILE AN OPPOSITION TO
DEFENDANT’S MOTION TO DISMISS
AND CONTINUING HEARING DATE ON
THE SAME

v.
THOMAS C. HUNTON, et al.,
Defendants.

15

(ECF No. 27)

16
17
18

On November 16, 2016, Plaintiff Timothy Cleveland (“Plaintiff”), proceeding pro se and

19 in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Named
20 Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for
21 violation of civil rights by federal actors. ECF No. 1. On March 14, 2017, Plaintiff filed a
22 second amended complaint. ECF No. 12. The magistrate judge screened that complaint, finding
23 that only Administrative Procedures Act claim against Defendant Hunton states a claim. ECF
24 Nos. 13, 15.
25

Defendant Hunton now moves to dismiss. ECF No. 26. Plaintiff seeks an additional thirty

26 days to file an opposition. ECF No. 37. To support his request, Plaintiff indicates that he is
27 transient and “can only access a public library computer” to conduct research and draft his
28 opposition. Id. Plaintiff’s request will be granted.
1

1
2
3

Based on the foregoing, IT IS HEREBY ORDERED that:
1. Plaintiff’s opposition to Defendant’s motion to dismiss shall be filed no later than
November 13, 2017;

4

2. Any reply by Defendant must be filed by November 23, 2017;

5

3. The hearing on this motion is rescheduled for November 27, 2017 at 1:30 p.m. in

6

Courtroom 2.

7
8

IT IS SO ORDERED.

9 Dated: October 11, 2017

SENIOR DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2