(PC) Evans v. Martin et al

Filing 21

ORDER GRANTING 20 Defendants' Motion for Extension of Time to Respond to Complaint signed by Magistrate Judge Barbara A. McAuliffe on 9/8/2021. Response to Complaint due by 11/12/2021. (Jessen, A)

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Case 1:21-cv-00093-DAD-BAM Document 21 Filed 09/08/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID EVANS, 12 Case No. 1:21-cv-00093-DAD-BAM (PC) Plaintiff, 13 v. 14 MARTIN, et al., 15 (ECF No. 20) Defendants. 16 17 ORDER GRANTING DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Response to Complaint Due: November 12, 2021 Plaintiff David Evans (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against 19 Defendants Guerra, Jolly, and Lopez (“Defendants”) for excessive force in violation of the Eighth 20 Amendment and against Defendant Guerra for sexual assault in violation of the Eighth 21 Amendment. 22 On August 12, 2021, Defendants Guerra, Jolly, and Lopez submitted waivers of service of 23 summons. (ECF No. 19.) Defendants’ responsive pleadings are therefore due on or before 24 September 13, 2021. 25 Currently before the Court is Defendants’ motion for a sixty-day extension of time to file 26 a response to the complaint, filed September 8, 2021. (ECF No. 20.) Although Plaintiff has not 27 had an opportunity to respond to Defendants’ motion, the Court finds a response unnecessary. 28 Local Rule 230(l). 1 Case 1:21-cv-00093-DAD-BAM Document 21 Filed 09/08/21 Page 2 of 2 1 A declaration of counsel filed in support of the request states that additional time is 2 needed to review Plaintiff’s central file, medical records, and appeal packages, some of which 3 were received on July 29, 2021 and are substantial in length. (ECF No. 20, p. 4.) The task of 4 reviewing all of these records must be balanced against defense counsel’s existing caseload and 5 previously set deadlines in other cases. Counsel requests a sixty-day extension of time, up to and 6 including November 12, 2021, to review Plaintiff’s records, determine a course of action, and 7 prepare and file Defendants’ response to Plaintiff’s complaint. (Id.) 8 9 10 11 Having considered the request, the Court finds good cause to modify the briefing schedule in this matter. Fed. R. Civ. P. 6(b). The Court further finds that Plaintiff will not be prejudiced by the extension of time requested here. Accordingly, Defendants’ motion for an extension of time to file a response to the 12 complaint, (ECF No. 20), is HEREBY GRANTED. Defendants shall file a response to the 13 complaint on or before November 12, 2021. 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Barbara September 8, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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