Petersen v. Buyard

Filing 26

Order extending deadline to file opposition to 23 Motion to Dismiss, signed by Magistrate Judge Erica P. Grosjean on 4/26/2021. (Rosales, O.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KYLE PETERSEN,

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Plaintiff,

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No. 1:20-cv-00954-DAD-EPG
ORDER EXTENDING DEADLINE TO FILE
OPPOSITION TO MOTION TO DISMISS

v.
(ECF No. 23)
MEKISHA BUYARD,

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Defendant.

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Plaintiff Kyle Petersen (“Plaintiff”), a federal inmate proceeding pro se and in forma

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pauperis in this civil-rights action filed pursuant to 42 U.S.C. § 1983, commenced this action by

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filing a complaint on July 9, 2020. (ECF No. 1). On April 12, 2021, Defendant Mekisha Buyard

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(“Defendant”) filed a motion to dismiss. (ECF No. 23). On April 15, 2021, the Court entered

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findings and recommendations, recommending that this action be stayed pending completion of

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Plaintiff’s appeal of his criminal conviction to the Ninth Circuit Court of Appeals. (ECF No. 25).
Plaintiff’s deadline to oppose the motion to dismiss is May 6, 2021. The deadline to object

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to the findings and recommendations is May 10, 2021. Given that this action could soon be

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stayed, Plaintiff’s opposition and Defendant’s subsequent reply may be unnecessary at this time.

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Accordingly, the Court will sua sponte modify the briefing schedule for the motion to dismiss.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff shall respond to Defendant’s
motion to dismiss (ECF No. 23) as follows:

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(1) if this action is not stayed following the district judge’s ruling on the findings and

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recommendations, (ECF No. 25), within twenty-one days of service of the district judge’s

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order; or

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(2) if this action is stayed following the district judge’s ruling on the findings and

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recommendations, (id.), twenty-one days after the stay in the case is lifted.

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IT IS SO ORDERED.
Dated:

April 26, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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