Baker v. Perez et al

Filing 134

ORDER signed by Magistrate Judge Kendall J. Newman on 2/19/2013 ORDERING that plaintiff's 133 request is GRANTED; plaintiff's 2/15/2013 attachment is considered an addendum to Exhibit E to plaintiff's 1/24/2013 opposition; defen dants' 132 request for extension of time is granted; and defendants shall file a reply to plaintiff's opposition to defendants' motion to strike inadmissible evidence submitted in opposition to defendants' motion for summary judgment on or before 3/14/2013. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL BAKER, 11 Plaintiff, Defendants. 12 13 No. 2:09-cv-2757 MCE KJN P ORDER vs. PEREZ, et al., 14 15 / 16 Plaintiff is a state prisoner proceeding without counsel. Defendants’ motion for 17 summary judgment is pending. First, on February 15, 2013, plaintiff filed a request to include an 18 exhibit to his opposition that was not copied correctly by prison staff. Good cause appearing, 19 plaintiff’s request is granted. Plaintiff’s attachment is deemed a timely addendum to Exhibit E to 20 plaintiff’s opposition. 21 Second, on February 19, 2013, defendants filed a request for extension of time to 22 file a reply to plaintiff’s opposition to defendants’ motion to strike inadmissible evidence 23 submitted in opposition to defendants’ motion for summary judgment. Good cause appearing, 24 defendants’ request is granted. Defendants are granted up to and including March 14, 2013, in 25 which to file a reply. 26 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s request (dkt. no. 133) is granted; 3 2. Plaintiff’s February 15, 2013 attachment is considered an addendum to Exhibit 4 E to plaintiff’s January 24, 2013 opposition; 5 3. Defendants’ request for extension of time is granted; and 6 4. Defendants shall file a reply to plaintiff’s opposition to defendants’ motion to 7 strike inadmissible evidence submitted in opposition to defendants’ motion for summary 8 judgment on or before March 14, 2013. 9 DATED: February 19, 2013 10 11 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 12 13 bake2757.eot 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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