Scott v. Beregovskay, et al.

Filing 61

ORDER GRANTING Plaintiff's 59 Request to File Opposition and GRANTING Extension of Time Nunc Pro Tunc; ORDER Deeming Plaintiff's 60 Opposition to Motion for Summary Judgment Timely Filed signed by Magistrate Judge Gary S. Austin on 9/16/2021. (Sant Agata, S)

Case 1:17-cv-01146-NONE-GSA Document 61 Filed 09/16/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIANTE DION SCOTT,

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Plaintiff,
vs.
BEREGOVSKAYA, et al.,

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Defendants.

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1:17-cv-01146-NONE-GSA-PC
ORDER GRANTING PLAINTIFF’S
REQUEST TO FILE OPPOSITION AND
GRANTING EXTENSION OF TIME NUNC
PRO TUNC
(ECF No. 59.)
ORDER DEEMING PLAINTIFF’S
OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT TIMELY FILED
(ECF No. 60.)

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Tiante Dion Scott (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s

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Third Amended Complaint filed on November 19, 2018, on Plaintiff’s medical claims against

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Defendants Dr. Beregovskaya, Dr. David Gines, LVN C. Agbasi, and RN A. Armendariz.1 (ECF

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No. 25.)

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On August 9, 2021, Defendants filed a motion for summary judgment. (ECF No. 56.)

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On September 15, 2021, Plaintiff filed a request for leave to file an opposition to the motion for

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summary judgment. (ECF No. 59.) Plaintiff also filed his opposition to the motion for summary

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judgment on September 15, 2021. (ECF No. 60.)

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Sued as Armendarez.
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Case 1:17-cv-01146-NONE-GSA Document 61 Filed 09/16/21 Page 2 of 2

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The deadline for Plaintiff to file an opposition to the motion for summary judgment has

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expired. The opposition was due within 21 days of August 9, 2021, the date the motion for

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summary judgment was filed, and therefore the opposition is overdue. However, the court finds

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good cause to grant Plaintiff an extension of time nunc pro tunc to file the opposition, and the

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opposition shall be deemed timely filed.

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Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s request for leave to file an opposition to Defendants’ motion for
summary judgment is granted;

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2.

Plaintiff is granted an extension of time nunc pro tunc to file the opposition; and

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3.

Plaintiff’s opposition to Defendants’ motion for summary judgment is deemed

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timely filed on September 15, 2021.

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IT IS SO ORDERED.
Dated:

September 16, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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