(PC) Walker v. Howard
Filing
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ORDER GRANTING 20 Extension of Time Within Which to File Waiver of Service and to File Responsive Pleading, signed by Magistrate Judge Christopher D. Baker on June 6, 2024. A waiver of service SHALL be filed no later than July 5, 2024. Defendant SHALL file a responsive pleading no later than August 4, 2024. No other deadlines are affected by this order. (Rivera, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARQUISE WALKER,
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Plaintiff,
v.
HOWARD,
Case No.: 1:22-cv-00332-JLT-CDB
ORDER GRANTING EXTENSION OF
TIME WITHIN WHICH TO FILE WAIVER
OF SERVICE AND TO FILE RESPONSIVE
PLEADING
(Doc. 20)
Defendant.
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Plaintiff Marquise Walker is proceeding pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
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On May 6, 2024, the California Department of Corrections and Rehabilitation (CDCR)
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filed its Notice of E-Service Waiver, indicating Defendant Maurice Howard intended to waive
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personal service. (Doc. 19.) Defendant’s waiver was due within 30 days. (Id.)
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On June 5, 2024, Deputy Attorney General Molly Christ, specially appearing on behalf of
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Defendant Howard, filed a Request for Extension of Time to File Waiver of Service of Process
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and Responsive Pleading. (Doc. 20.) Counsel declares an extension of time is necessary to
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determine whether the Attorney General’s Office (AGO) can represent Howard, making it
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inappropriate to file a waiver of service on his behalf at this time. (Id. at 3, ¶ 4.) Counsel states
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she believes a 30-day extension of time will allow for a determination of whether the AGO will
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undertake Howard’s representation. (Id.) Further, counsel requests an extension to and including
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August 4, 2024, within which to respond to Plaintiff’s complaint. (Id. at 3, ¶ 6.) Such an
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extension would allow counsel to complete her review of the file, receive and review CDCR
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documents, determine a course of action, and prepare and file a responsive pleading. (Id.)
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Counsel declares extending these deadlines will not prejudice Plaintiff or significantly impact
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progress in this action. (Id. at 3, ¶ 7.)
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. The request for an extension of time within which to file a waiver of service of process
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is GRANTED. A waiver of service SHALL be filed no later than July 5, 2024;
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2. The request for an extension of time within which to file a responsive pleading is
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GRANTED. Defendant SHALL file a responsive pleading no later than August 4,
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2024;
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3. No other deadlines are affected by this order.
IT IS SO ORDERED.
Dated:
June 6, 2024
___________________
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UNITED STATES MAGISTRATE JUDGE
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