Pitts v. Davis et al

Filing 151

ORDER signed by Magistrate Judge Allison Claire on 7/27/2015 ORDERING 150 that plaintiff's objections to defendants' motion for summary judgment is construed as a motion to enlarge his time to respond to the summary-judgment motion, and as such is GRANTED; Plaintiff's deadline to respond to defendants' motion for summary judgment is hereby VACATED and will be re-set upon resolution of the pending motion to compel. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDDIE L. PITTS,

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No. 2:12-cv-0823 TLN AC P
Plaintiff,

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v.

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C. DAVIS, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has filed objections to defendants’ motion for summary judgment in

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which he claims that he will be unable to fully address the motion until the pending motion to

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compel is resolved. ECF No. 150. He also challenges the adequacy of a declaration provided by

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defendants in support of their motion. Id. The court will construe plaintiff’s objections as a

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motion to enlarge his time to respond to defendants’ motion for summary judgment until after the

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pending motion to compel has been resolved. The court will therefore vacate plaintiff’s deadline

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to respond to the motion for summary judgment and re-set the deadline upon resolution of the

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pending motion to compel. The court will not consider plaintiff’s objections to the defendants’

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evidence at this time, and any such objections will need to be contained in plaintiff’s response to

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the summary-judgment motion.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s objections to defendants’ motion

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for summary judgment (ECF No. 150) is construed as a motion to enlarge his time to respond to

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the summary-judgment motion, and as such is granted. Plaintiff’s deadline to respond to

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defendants’ motion for summary judgment is hereby vacated and will be re-set upon resolution of

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the pending motion to compel.

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DATED: July 27, 2015.

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_________/ S /_____________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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