Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 144

ORDER signed by Magistrate Judge Allison Claire on 08/22/17 ordering that defendants' may file a reply in support of their motion for summary judgment within 14 days of service of this order. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN PHILIP MONCRIEF,

12

Plaintiff,

13
14
15

No. 2:12-cv-0414 MCE AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

16

Defendants.

17
Plaintiff’s response to defendants’ motion for summary judgment was due by July 31,

18
19

2017. ECF No. 138. By order filed August 2, 2017, the undersigned denied plaintiff’s request

20

for another extension of time to file his opposition and deemed the motion for summary judgment

21

submitted. ECF No. 140. Plaintiff has now filed an opposition to the motion for summary

22

judgment which was received by the Clerk of the Court on August 18, 2017. ECF No. 143. The

23

motion is dated July 26, 2017, but does not include a certificate of service identifying the date it

24

was delivered to prison officials for mailing. Id. Plaintiff’s additional motions for extension,

25

dated July 31, 2017, and August 1, 2017, indicate that the opposition was not submitted for

26

mailing until after the deadline for filing had passed. ECF Nos. 141, 142. However, despite its

27

apparent untimeliness, because the opposition is not excessively late, the court will consider it.

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that defendants’ may file a reply in support of

2

their motion for summary judgment within fourteen days of service of this order.

3

DATE: August 22, 2017

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2