Johnson v. Mitchell et al

Filing 182

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/30/12 DENYING 180 Plaintiff's Motion for Extension of time. (Donati, J)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SHEPARD JOHNSON,

11

Plaintiff,

12

No. CIV S-10-1968 GEB GGH PS

vs.

13
CHESTER MITCHELL, et al.,
14
Defendants.
15

ORDER
/

16

Plaintiff has filed a motion for extension of time to respond to three motions to

17

dismiss and to serve defendant Parsons with process by publication. The record indicates that

18

there is only one motion to dismiss currently scheduled for hearing on April 19, 2012.1

19

Defendant Parsons filed a motion to dismiss on March 29, 2012, which has not been noticed for

20

hearing. In that motion, defendant Parsons has waived formal service of process.

21

Plaintiff’s request will cause this two year old action, which has still not

22

progressed beyond the pleading stages, to be delayed even further. While plaintiff should be

23

afforded a reasonable opportunity to litigate his claims, defendants have rights also, including the

24
25
26

1

Other motions to dismiss may have been filed, but were not set for hearing. Those
defendants who desire to have motions to dismiss heard must file a notice of motion which sets
the matter on the court’s calendar.
1

1

right not to be engaged in a lawsuit for an interminable length of time. Furthermore, plaintiff

2

must have known of his impending shoulder surgery in advance of its occurrence, and could have

3

planned accordingly.

4

Accordingly, IT IS HEREBY ORDERED that: Plaintiff’s March 27, 2012 motion

5

for an extension of time, (dkt. no.180), is denied.

6

DATED: March 30, 2012

7

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

8
9

GGH:076/Johnson1968.eot.wpd

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