Brian S. Keene v. Toor et al

Filing 43

ORDER GRANTING IN PART 42 Plaintiff's Second Motion for Extension, signed by Magistrate Judge Jeremy D. Peterson on 6/11/2020. Plaintiff's response to defendants' motion for summary judgment due within 45 days. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SCOTT KEENE,

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Plaintiff,

Case No. 1:17-cv-01169-NONE-JDP
ORDER GRANTING IN PART PLAINTIFF’S
SECOND MOTION FOR EXTENSION

v.
ECF No. 42
KIRAN TOOR, et al.,

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Defendants.

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Plaintiff seeks a second 90-day extension of the 21-day deadline to file a response to

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defendants’ motion for summary judgment. ECF No. 42. While the court is sympathetic to the

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fact that plaintiff does not currently have access to the law library, another 90-day extension

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would be extraordinary. Therefore, the court grants his motion in part, and allows plaintiff an

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additional 45 days to respond to defendants’ motion for summary judgment. Plaintiff shall have

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until July 20, 2020 to file his brief in opposition. Because plaintiff appears to have been deprived

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of access to the law library even though he has a pending court deadline, this order will be served

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upon the litigation coordinator at his institution. If plaintiff continues to be denied access to the

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library up to his new July 20, 2020, deadline, he should file another motion for extension.

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Accordingly,

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1. Plaintiff’s motion for extension of time, ECF No. 42, is granted in part as stated

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herein.
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2. The clerk’s office shall serve a copy of this document on the Litigation Coordinator at

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Salinas Valley State Prison.

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3. The Litigation Coordinator’s assistance is requested in facilitating plaintiff’s

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meaningful access to the law library so that plaintiff can meet his court-ordered

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deadline, to the extent doing so is consistent with institutional order and security.

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IT IS SO ORDERED.

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Dated:
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June 11, 2020
UNITED STATES MAGISTRATE JUDGE

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No. 204.

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