Walker v. CA Dept of Corrections & Rehabilitation, et al

Filing 71

ORDER signed by Magistrate Judge Kendall J. Newman on 1/19/17 ordering that within 10 days of the date of this order, defendants shall renew their summary judgment motion; plaintiff's opposition to defendant's summary judgment motion is due 30 days thereafter; defendants' reply is due 21 days thereafter. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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K. JAMEL WALKER,

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Plaintiff,

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No. 2: 09-cv-0569 WBS KJN P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. For the reasons stated herein, defendants are ordered to re-notice their

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vacated summary judgement motion within ten days of the date of this order.

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On March 6, 2015, defendants filed a summary judgment motion. (ECF No. 60.) On July

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23, 2015, plaintiff filed a motion seeking time to conduct additional discovery pursuant to Federal

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Rule of Civil Procedure 56(d). (ECF No. 62.) On October 30, 2015, the undersigned granted

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plaintiff’s motion filed pursuant to Rule 56(d) in part. (ECF No. 64.) The undersigned ordered

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defendants to serve plaintiff with policies and a statement in response to his Rule 56(d) motion

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within twenty-one days, and directed plaintiff to file his opposition to defendants’ summary

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judgment motion, or statement of non-opposition, no later than December 31, 2015. (Id.)

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On November 20, 2015, defendants filed a motion for an extension of time to comply with

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the October 30, 2015 order. (ECF No. 66.) On December 3, 2015, the undersigned granted

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defendants’ motion for extension of time. (ECF No. 68.) The undersigned ordered that

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defendants’ response to the October 30, 2015 order was due by January 19, 2016. (Id.) The

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undersigned also denied defendants’ summary judgment motion without prejudice to its renewal

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pending submission of their response to the court’s October 30, 2015 order. (Id.) The

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undersigned directed that defendants were not required to re-file the summary judgment motion

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and supporting documents, but could reference the prior filings in the notice. (Id.)

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On January 19, 2016, defendants filed a notice of compliance with the October 30, 2015

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order. (ECF No. 70.) Defendants did not, however, file any documents renewing the summary

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judgment motion.

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Accordingly, IT IS HEREBY ORDERED that within ten days of the date of this order,

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defendants shall renew their summary judgment motion; plaintiff’s opposition to defendants’

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summary judgment motion is due thirty days thereafter; defendants’ reply is due twenty-one days

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thereafter.

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Dated: January 19, 2017

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Walk569.ord
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