Hall v. San Joaquin County Jail, et al

Filing 124

ORDER signed by Magistrate Judge Allison Claire on 10/02/17 ORDERING within seven days of the filing of this order, defendants shall re-serve plaintiff with their motion for summary judgment 116 and file a notice of service with the court. Plainti ff shall have twenty-one days from re-service of the motion for summary judgment to file an opposition or notice of non-opposition. Defendants reply, if any, shall be due seven days after the filing of plaintiffs response. (Plummer, M) Modified on 10/3/2017 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRELL D. HALL,

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No. 2:13-cv-0324 AC P

Plaintiff,
v.

ORDER

SAN JOAQUIN COUNTY JAIL, et al.,
Defendants.

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

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U.S.C. § 1983. In response to the court’s September 18, 2017 order (ECF No. 122), which

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granted him additional time to respond to defendants’ motion for summary judgment after he

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failed to file a response, plaintiff has filed a motion for extension. ECF No. 123. He asserts that

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he has not received a copy of the summary-judgment motion. Id. It appears likely that plaintiff

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did not receive a copy of the motion because he failed to provide timely notice of his change of

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address. Defendants will be directed to re-serve plaintiff with their motion. Plaintiff is cautioned

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that further delays based solely upon his failure to timely notify the court and defendants that his

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address has changed will not be cause for an extension of time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within seven days of the filing of this order, defendants shall re-serve plaintiff with

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their motion for summary judgment (ECF No. 116) and file a notice of service with the court.
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2. Plaintiff shall have twenty-one days from re-service of the motion for summary

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judgment to file an opposition or notice of non-opposition. Defendants’ reply, if any, shall be due

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seven days after the filing of plaintiff’s response.

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SO ORDERED.
DATED: October 2, 2017

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