Yellen v. Olivarez, et al

Filing 289

ORDER signed by Magistrate Judge Dale A. Drozd on 4/11/12 ORDERING that Plaintiffs April 2, 2012 motion for extension of time 288 is denied; Plaintiff shall file and serve opposition, if any he has, to defendants pending motions for summary judgment on or before April 20, 2012; Defendants reply briefs, if any, shall be filed and served on or before April 27, 2012; and Hearing on this matter is continued to May 11, 2012 at 10:00 a.m. in Courtroom # 27.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIKE YELLEN,

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Plaintiff,

No. CIV S-94-1298 GEB DAD P

vs.
ANA M. OLIVAREZ, et al.,
Defendants.

ORDER
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Plaintiff is a former state prisoner proceeding pro se with a civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff has moved for a thirty day extension of time to file an

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opposition to defendants’ pending motions for summary judgment, which are set for hearing

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before the undersigned on April 27, 2012.

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Plaintiff seeks the extension in order to obtain test results on bottles containing

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water samples that he long-ago submitted as exhibits and has now, with leave of court, picked up

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from the court. See Order and Findings and Recommendations filed December 14, 2011 (Doc.

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No. 274), at 3. The court’s expert has expressed the belief that those water samples submitted by

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plaintiff would not “be representative of water quality conditions at DVI” and, as this court noted

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in its December 14, 2011 order granting plaintiff’s request for return of the bottles, the bottles

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and the water samples in them have no evidentiary value in this action. See id. at 2 (citing Letter
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from Anthony Saracino, filed June 10, 2011, at 12). For that reason, the court will not grant

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plaintiff an additional thirty day period of time to file his opposition to the motion.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s April 2, 2012 motion for extension of time (Doc. No. 288) is denied;

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2. Plaintiff shall file and serve opposition, if any he has, to defendants’ pending

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motions for summary judgment on or before April 20, 2012;

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3. Defendants’ reply briefs, if any, shall be filed and served on or before April 27,
2012; and

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4. Hearing on this matter is continued to May 11, 2012 at 10:00 a.m. in

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Courtroom # 27.

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DATED: April 11, 2012.

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DAD:12
yell1298.o4

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