Dial v. Heatley et al

Filing 73

ORDER signed by Magistrate Judge Allison Claire on 6/2/2015 GRANTING plaintiff's 71 motion for an extension of time. Plaintiff shall file and serve separate oppositions to defendants' respective motions for summary judgment on or befo re 8/28/2015. Defendants may file their replies within 14 days of service of plaintiff's oppositions. The Clerk shall designate on the docket that defendant Casey's 58 motion for summary judgment is re-filed on 5/19/2015, and the remaining defendants' 65 motion for summary judgment is re-filed on 5/18/2015. (Yin, K)

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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. On May 12, 2015, this court directed defendants to re-

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serve their respective motions for summary judgment on plaintiff, due to his recent prison

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transfers and difficulty in obtaining his legal documents. See ECF No. 68. Due to yet another

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prison transfer, plaintiff now requests a 90-day extension of time within which to file his

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oppositions to the motions for summary judgment. See ECF No. 71. In support of his request,

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plaintiff has submitted a copy of the list maintained by the California Department of Corrections

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and Rehabilitation that tracks plaintiff’s recent inter- and intra-institutional transfers. See ECF

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No. 72 at 2. This document demonstrates that, on May 14, 2015, plaintiff was transferred from

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the California Health Care Facility in Stockton, to the R.J. Donovan Correctional Facility in San

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Diego. Plaintiff states that he is currently awaiting CDC Classification and has no access to his

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legal materials or the prison law library. ECF No. 71 at 2.

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For good cause shown, plaintiff’s request for an extension of time will be granted; in

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addition, for court administrative purposes, the Clerk of Court will be directed to designate the

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pending motions for summary judgment re-filed as of the dates defendants informed the court that

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the motions had been re-served on plaintiff.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time, ECF No. 71, is granted; plaintiff shall file

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and serve separate oppositions to defendants’ respective motions for summary judgment on or

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before August 28, 2015; defendants may file their replies within fourteen days after service of

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plaintiff’s oppositions.

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2. The Clerk of Court is directed to designate on the docket that the pending motions for

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summary judgment are effectively re-filed on the dates they were re-served on plaintiff, viz., the

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motion for summary judgment filed by defendant Casey, ECF No. 58, shall be designated re-filed

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on May 19, 2015 (per ECF No. 70), and the motion for summary judgment filed by the remaining

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defendants, ECF No. 65, shall be designated re-filed on May 18, 2015 (per ECF No. 69).

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DATED: June 2, 2015

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