Ramirez v. Swingle et al

Filing 49

ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/12 ORDERING that Defendants request to withdraw their original summary judgment motion filed February 6, 2012 is GRANTED; defendants summary judgment motion 37 is WITHDRAWN; Defendants are g ranted an extension of time to and including June 28, 2012, to file a replacement summary judgment motion, including statement of undisputed facts and supporting exhibits, memorandum of points and authorities that include the supporting documents and the briefing referenced in the May 24, 2012 order; Plaintiffs opposition is due thirty days after the replacement motion is filed; defendants reply is due ten days after plaintiffs opposition.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW RAMIREZ,

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Plaintiff,

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vs.
D. SWINGLE, et al.,
Defendants.

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No. 11-cv-0045 KJN P

ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On February 6, 2012, defendants filed a motion for summary

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judgment. On May 24, 2012, defendants were ordered to file further briefing in support of their

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summary judgment motion.

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On June 6, 2012, defendants filed a request for leave to withdraw their original

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summary judgment motion and for an extension of time to file a replacement motion.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ request to withdraw their original summary judgment motion filed

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February 6, 2012 is granted; defendants’ summary judgment motion (Dkt. No. 37) is withdrawn;

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2. Defendants are granted an extension of time to and including June 28, 2012, to

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file a replacement summary judgment motion, including statement of undisputed facts and
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supporting exhibits, memorandum of points and authorities that include the supporting

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documents and the briefing referenced in the May 24, 2012 order;

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3. Plaintiff’s opposition is due thirty days after the replacement motion is filed;

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defendants’ reply is due ten days after plaintiff’s opposition.

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DATED: June 7, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ram45.ord

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