Oliver v. Carey et al

Filing 44

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/02/09 granting defendant Noriega's 36 motion for an extension of time. His answer shall be filed simultaneously with that of defendant Thor. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES OLIVER Plaintiff, vs. TOMAS CAREY, et al., Defendants. / Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 42 U.S.C. § 1983. In the amended complaint filed January 17, 2007, plaintiff claims that defendants Noriega, Mahmoud, Solomon and Thor were deliberately indifferent to his serious medical needs. Dckt. No. 12. Defendant Thor, represented by the same counsel as Noriega, has filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).1 Dckt. No. 36. Solomon also has filed motion to dismiss pursuant to Rule 12(b)(6). Dckt. Nos. 30. In the interest of efficient disposition of this action, Noriega requests an extension of time to answer the complaint until a reasonable time after the court rules on the other defendants' motions to dismiss. Dckt. No. 36. See Fed. R. Civ. P. 6(b). ORDER No. CIV S-06-0390 MCE EFB P

Dr. Mahmoud has not been served with process.
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Defendant Noriega's August 19, 2009, motion for an extension of time is granted. His answer shall be filed simultaneously with that of defendant Thor. So ordered. Dated: October 2, 2009.

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