Allen v. Walker, et al

Filing 44

ORDER signed by Magistrate Judge John F. Moulds on 9/26/2012 ORDERING that defendants' 43 motion for leave to refile and re-serve their motion for summary judgment beyond time is GRANTED; defendants' 9/14/2012 motion for summary judgment is DEEMED timely filed; plaintiff's opposition, if any, due within 30 days; and defendants' reply, if any, due not later than 14 days thereafter. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TROY B. ALLEN,

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Plaintiff,

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No. 2:10-cv-3032 GEB JFM (PC)

vs.
WARDEN JAMES WALKER,
et al.,

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Defendants.
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ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On September 14, 2012, defendants filed a motion to refile and reserve their

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motion for summary judgment beyond the thirty day deadline set in the court’s August 3, 2012

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order. On the same day, defendants refiled and reserved their motion for summary judgment.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ September 14, 2012 motion for leave to refile and reserve their

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motion for summary judgment beyond time is granted;

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2. Defendants’ September 14, 2012 motion for summary judgment is deemed
timely filed;

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3. Plaintiff’s opposition, if any, to defendants’ September 14, 2012 motion for

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summary judgment shall be filed and served within thirty days from the date of this order; and

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4. Defendants’ reply, if any, shall be filed and served not later than fourteen days

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thereafter.

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September 26, 2012.

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alle3032.ext3

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