Samuels v. Woods, et al

Filing 43

ORDER signed by Magistrate Judge Craig M. Kellison on 04/04/12 ORDERING that defendant's 40 Motion to Modify the Scheduling Order is GRANTED nunc pro tunc to 02/27/12; defendant's 03/08/12 41 Motion for Summary Judgment is TIMELY. (Benson, A.)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 ROBERT E. SAMUELS, 10 11 12 13 Plaintiff, vs. ORDER WOODS, et al., Defendants. 14 15 No. CIV S-10-2689-LKK-CMK-P / Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 16 42 U.S.C. § 1983. Pending before the court is defendants’ motion to modify the scheduling order 17 (Doc. 40) to allow the timely filing of their motion for summary judgment on March 8, 2012, 18 which is beyond the dispositive motion cut-off date. Good cause appearing therefor, the request 19 is granted nunc pro tunc to February 27, 2012, the date defendants’ motion to modify the 20 schedule was filed. Defendants’ March 8, 2012, motion for summary judgment is timely. 21 IT IS SO ORDERED. 22 23 24 25 DATED: April 4, 2012 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 26 1

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