Dial v. Heatley et al

Filing 63

ORDER signed by Magistrate Judge Allison Claire on 03/30/15 ordering plaintiff's motions filed 03/23/12 60 and 61 are granted as set forth herein. The Warden of California State Prison Corcoran is request to direct staff, within a week afte r the filing date of this order, to consolidate all of plaintiff's legal property that may be remaining at the institution, and send it to plaintiff at his current place of incarceration, the California Health Care Facility in Stockton. The dis covery deadline in this action, which expired on 1/20/15 is extended for the limited purpose of according plaintiff additional time to complete and serve his responses to defendants' outstanding discovery requests; plaintiff shall serve all out standing discovery responses on or before 5/01/15. Plaintiff shall file and serve his opposition to defendant Casey's motion for summary judgment on or before 5/01/15; defendant Casey may file a reply within 14 days after the filing date of plaintiff's opposition. The clerk of court is directed to send a copy of this order to the Warden at California State Prison Corcoran. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY DIAL,

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No. 2:12-cv-2569 AC P
Plaintiff,

v.

ORDER

SCOTT HEATLEY, et al.,
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. By order filed March 13, 2015, the court identified

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plaintiff’s new place of incarceration, updated his address of record, and extended time, until

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April 3, 2015, for plaintiff to file an opposition to the motion for summary judgment filed by

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defendant Casey on February 12, 2015. This action also proceeds against four additional

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defendants who, as of the date of this order, have not filed a dispositive motion.

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Plaintiff has filed two motions, requesting: (1) that the court direct the Warden of

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California State Prison Corcoran to forward plaintiff’s legal property to his current place of

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incarceration, the California Health Care Facility in Stockton; and (2) an extension of the

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discovery deadline so that plaintiff can respond to defendants’ outstanding discovery requests.

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The court notes that the discovery deadline expired in this action on January 20, 2015; the
March 31, 2015 deadline to which plaintiff refers is the dispositive motion deadline. Nonetheless,

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it is clear that plaintiff needs additional time to respond to defendants’ outstanding discovery

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requests and the pending motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions filed March 23, 2012, ECF Nos. 60 and 61, are granted, as set forth

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herein.
2. The Warden of California State Prison Corcoran is requested to direct staff, within a

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week after the filing date of this order, to consolidate all of plaintiff’s legal property that may be

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remaining at that institution, and send it to plaintiff at his current place of incarceration, the

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California Health Care Facility in Stockton.

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3. The discovery deadline in this action, which expired on January 20, 2015, is extended

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for the limited purpose of according plaintiff additional time to complete and serve his responses

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to defendants’ outstanding discovery requests; plaintiff shall serve all outstanding discovery

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responses on or before May 1, 2015.

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4. Plaintiff shall file and serve his opposition to defendant Casey’s motion for summary

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judgment on or before May 1, 2015; defendant Casey may file a reply within fourteen days after

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the filing date of plaintiff’s opposition.

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5. The Clerk of Court is directed to send a copy of this order to the Warden at California

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State Prison Corcoran.

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DATED: March 30, 2015

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