Norsworthy v. Cate, et al

Filing 106

ORDER signed by Magistrate Judge Craig M. Kellison on 12/12/13 ordering plaintiff's opposition to defendant's motion for summary judgment is due within 30 days of the date of this order. Defendant's reply, if any, is due within 20 days after service of plaintiff's opposition. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY BRYAN NORSWORTHY,

12

Plaintiff,

13
14

vs.

Defendant.

16

/

17

19

ORDER

RIVERS,

15

18

No. 2:09-CV-2989-LKK-CMK-P

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42
U.S.C. § 1983.
Pending before the court is defendant’s motion for summary judgment (Doc. 84).

20

Plaintiff did not initially oppose defendant’s motion on the merits, but sought an extension of

21

time to “gather evidence” (see Doc. 85). The court construed the request as a motion pursuant to

22

Federal Rule of Civil Procedure 56(d) for additional time to obtain discovery in order to prepare

23

an opposition to defendant’s pending motion for summary judgment. The court granted

24

plaintiff’s motion and, at the same time, granted leave to conduct limited additional discovery.

25

(see order at Doc. 90). The time for limited discovery has expired and defendant’s motion for

26

summary judgment is ready for submission on the merits.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

3

within 30 days of the date of this order; and

4
5

Plaintiff’s opposition to defendant’s motion for summary judgment is due

2.

Defendant’s reply, if any, is due within 20 days after service of plaintiff’s

opposition.

6
7
8
9

DATED: December 12, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2