McMurtry v. Hu, et al

Filing 47

ORDER signed by Magistrate Judge Dale A. Drozd on 12/09/14 ordering plaintiff's opposition 46 is deemed timely filed. Defendants may file and serve a reply within 14 days after the filing date of this order. The clerk of court is directed to designate the pending motion for summary judgment 39 re-filed effective 12/08/14. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLEY McMURTRY,

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Plaintiff,

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v.

No. 2:12-cv-00103 DAD P

ORDER

HU, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. The court entered judgment in this action on July 29,

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2014. However, on October 2, 2014, the court reopened this case at plaintiff’s request to accord

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him additional time to oppose the motion for summary judgment filed by defendants on May 29,

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2014. Although untimely, plaintiff filed his opposition on December 8, 2014. The court will

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construe plaintiff’s opposition as timely filed. Defendants will be permitted to file a reply if they

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wish within fourteen days after the filing date of this order.
Due to the many delays in this action and specifically the delay in addressing the now

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pending motion for summary judgment brought about by plaintiff’s belated opposition thereto,

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the Clerk of Court will be directed to designate the pending motion for summary judgment

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administratively re-filed effective December 8, 2014.

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/////

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s opposition (ECF No. 46) is deemed timely filed.

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2. Defendants may file and serve a reply within fourteen (14) days after the filing date of

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this order.
3. The Clerk of Court is directed to designate the pending motion for summary judgment

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(ECF No. 39) re-filed effective December 8, 2014.

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Dated: December 9, 2014

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DAD:4
mcmu0103.misc

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