Baker v. Perez et al

Filing 76

ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/11 ORDERING 74 Motion to Stay is denied; Plaintiff's opposition to defendants' summary judgment motion is due within 28 days of the date of this order. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL BAKER,

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Plaintiff,

Defendants.

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No. 2: 09-cv-2757 MCE KJN P

ORDER

vs.
PEREZ, et al.,

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/

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

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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s September 2, 2011 motion

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to stay defendants’ summary judgment motion or, in the alternative, for an extension of time to

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file an opposition. Defendants filed their summary judgment motion on August 10, 2011.

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In the pending motion, plaintiff presents several grounds in support of his request.

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First, plaintiff alleges that his motion to compel, to which defendants filed their opposition on

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June 20, 2011, is still pending. On August 24, 2011, the undersigned granted in part and denied

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in part this motion to compel. On September 7, 2011, defendants filed supplemental responses to

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several discovery requests, in accordance with the August 24, 2011 order. Therefore, plaintiff’s

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motion to compel is no longer pending.

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Plaintiff next alleges that due to inadequate law library access, he has not had an

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adequate opportunity to conduct discovery. The record reflects that plaintiff has conducted

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extensive discovery. The twenty-seven page August 24, 2011 order addressing plaintiff’s motion

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to compel addressed 53 requests for admissions, nine requests for production of documents and

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twenty-four interrogatories. Clearly, plaintiff has conducted extensive discovery. Plaintiff’s

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request to conduct additional discovery is not well-supported.

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Plaintiff next alleges that he requires additional time to obtain certified documents

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in support of his opposition to defendants’ summary judgment motion. Plaintiff alleges that

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prison officials have refused to certify documents from his medical records.

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Plaintiff may submit documents from his medical records in his opposition to

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defendants’ summary judgment motion. If defendants object to these documents on grounds that

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they are not certified, the court will consider the issue of certification at that time.

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Plaintiff next alleges that he requires additional time to contact three inmate
witnesses. Plaintiff has had adequate time and opportunity to contact inmate witnesses.

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For the reasons discussed above, the undersigned finds that plaintiff has not

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presented adequate grounds to stay defendants’ summary judgment motion or to grant plaintiff a

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lengthy extension of time to file an opposition.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to stay and for extension of time (Dkt. No. 74) is denied;

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2. Plaintiff’s opposition to defendants’ summary judgment motion is due within

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twenty-eight days of the date of this order.

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DATED: September 8, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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bak2757.eot(2)

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