Smith v. California State Prison - Sacramento et al

Filing 49

ORDER signed by Magistrate Judge Dale A. Drozd on 9/1/11 ORDERING that the court's August 3, 2011 Order to Show Cause is discharged; Defendants' motion for an extension of time 48 is granted; and Defendants shall file a reply in support of their motion to dismiss on or before September 8, 2011. (Becknal, R)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

BERNARD L. SMITH,

11

Plaintiff,

12
13

No. CIV S-10-0766 DAD P

vs.
CALIFORNIA STATE PRISON –
SACRAMENTO, et al.,

14
Defendants.
15

ORDER
/

16

On June 21, 2011, defendants filed a motion to dismiss this action pursuant to

17

Federal Rule of Civil Procedure 12(b)(6) and unenumerated Rule 12(b). Plaintiff had not

18

opposed the motion, so on August 3, 2011, the court issued an order to show cause requiring

19

plaintiff to file an opposition, if any, to defendants’ motion to dismiss within twenty-one days.

20

Plaintiff has since filed an opposition to the motion. Accordingly, the court will discharge the

21

order to show cause.

22

Defendants have also filed a motion for an extension of time to file a reply in

23

support of their motion to dismiss. Good cause appearing, the court will grant defendants’

24

motion.

25

/////

26

/////
1

1

In accordance with the above, IT IS HEREBY ORDERED that:

2

1. The court’s August 3, 2011 order to show cause is discharged;

3

2. Defendants’ motion for an extension of time (Doc. No. 48) is granted; and

4

3. Defendants shall file a reply in support of their motion to dismiss on or before

5

September 8, 2011.

6

DATED: September 1, 2011.

7
8
9

DAD:9
smit0766.36reply

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