Motley v. Smith et al

Filing 67

STIPULATION and ORDER signed by Chief Judge Roger L. Hunt on 3/28/11: Plaintiff shall file his opposition to Defendants' motions to dismiss and for summary judgment on or before May 17. 2011. (Kaminski, H)

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KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California DAVID A. CARRASCO, State Bar No. 160460 Supervising Deputy Attorney General DIANA ESQUIVEL, State Bar No. 202954 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants Beasley, Callison, Chapman, Craddock, Kemp, McGarth, McGuire, Peddicord, Rausch, Smith, Wagner, and Wright IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

EDWARD MOTLEY,

No. 2:08-cv-01423 RLH-VPC Plaintiff, STIPULATION FOR FORTY-DAY EXTENSION FOR PLAINTIFF TO FILE HIS OPPOSITION TO MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT AND PROPOSED ORDER Defendants.

v. J. SMITH, et al.,

On March 11, 2011, Defendants filed their motion to dismiss and motion for summary judgment. (ECF No. 63.) Under Local Rule 230(l), Plaintiff's opposition is due on or before April 1. Plaintiff requires more time to prepare his opposition because of a prison lockdown and his limited access to the prison's law library. (Ex. A.) Defendants do not object to Plaintiff's request. 1
Stipulation for 45-Day Extension for Plaintiff to File Opposition to Motions to Dismiss and for Summary Judgment (2:08-cv-01423 RLH-VPC)

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Accordingly, the parties stipulate to a forty-five day extension for Plaintiff to file his opposition to Defendants' motions to dismiss and for summary judgment. The opposition is now due on or before May 17, 2011. IT IS SO STIPULATED.

Dated: March 28, 2011

Respectfully submitted, KAMALA D. HARRIS Attorney General of California DAVID A. CARRASCO Supervising Deputy Attorney General /s/ Diana Esquivel DIANA ESQUIVEL Deputy Attorney General Attorneys for Defendants /s/ Edward Motley Edward Motley1 Plaintiff pro se

Dated: March 28, 2011

SA2010300327 31228487.doc

ORDER
Based on the parties' stipulation and good cause appearing, Plaintiff shall file his opposition to Defendants' motions to dismiss and for summary judgment (ECF No. 63) on or before May 17. 2011. IT IS SO ORDERED.

March 28, 2011 Dated: ______________

__________________________________ _______________________________________ CHIEFValerie P. Cooke DISTRICT JUDGE UNITED STATES United States Magistrate Judge

Because of his incarceration and need to timely file this stipulation, counsel could not obtain Plaintiff's signature. His agreement to the stipulation is documented in Exhibit A. 2
Stipulation for 45-Day Extension for Plaintiff to File Opposition to Motions to Dismiss and for Summary Judgment (2:08-cv-01423 RLH-VPC)

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Exhibit A

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DECLARATION OF SERVICE BY U.S. MAIL Edward Motley v. J. Smith, et al. 2:08-cv-1423 RLH-VPC

I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On March 28, 2011, I served the attached STIPULATION FOR FORTY-DAY EXTENSION FOR PLAINTIFF TO FILE HIS OPPOSITION TO MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT AND PROPOSED ORDER by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Edward Motley (H-56441) Salinas Valley State Prison P.O. Box 1050 Soledad, CA 93960-1050 In pro per I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct and that this declaration was executed on March 28, 2011, at Sacramento, California. D. Jones Declarant /s/ D. Jones Signature

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Stipulation for 45-Day Extension for Plaintiff to File Opposition to Motions to Dismiss and for Summary Judgment (2:08-cv-01423 RLH-VPC)