Sprinkle v. Robinson, et al

Filing 249

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2018 ORDERING Plaintiff's 248 motion for an extension of time to file his opposition brief in re: 244 Defendants motion for summary judgment is GRANTED IN PART AND DENIED IN PART. Plaintiff shall file the opposition brief on or before 11/19/2018. (Cannarozzi, N) Modified on 10/17/2018 (Cannarozzi, N).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK WAYNE SPRINKLE,

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No. 2:02-cv-1563-JAM-EFB P

Plaintiff,
v.

ORDER

LEON ROBINSON, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On September 28, 2018, defendants filed a motion for summary judgment on the

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sole remaining issue of damages. ECF No. 244. Plaintiff’s opposition to the motion is due

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October 19, 2018 (or possibly some days later depending on when plaintiff was served with the

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motion). E.D. Cal. L.R. 230(l). Plaintiff seeks an extension of time of two months to file the

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brief. ECF No. 248. Plaintiff states that he needs time to research the issues and that his time is

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currently occupied in preparing for a parole consideration hearing. Id. He does not inform the

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court of the date of the parole hearing, however.

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Based on the current information provided by plaintiff, an extension of two months is not

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warranted and would unduly delay the case, which is set for trial on February 4, 2019. Without

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knowing the date of the parole consideration hearing, the court cannot determine when plaintiff

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will be able to turn his attention to the opposition brief. Nevertheless, in light of plaintiff’s
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representations, a limited extension to file the opposition is granted. Plaintiff shall file the

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opposition brief on or before November 19, 2018.

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So ordered.

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Dated: October 17, 2018.

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