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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRELL D. HALL, 12 13 14 15 No. 2:13-cv-0324 AC P Plaintiff, v. ORDER SAN JOAQUIN COUNTY JAIL, et al., Defendants. 16 17 Plaintiff is a former prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. In response to the court’s September 18, 2017 order (ECF No. 122), which 19 granted him additional time to respond to defendants’ motion for summary judgment after he 20 failed to file a response, plaintiff has filed a motion for extension. ECF No. 123. He asserts that 21 he has not received a copy of the summary-judgment motion. Id. It appears likely that plaintiff 22 did not receive a copy of the motion because he failed to provide timely notice of his change of 23 address. Defendants will be directed to re-serve plaintiff with their motion. Plaintiff is cautioned 24 that further delays based solely upon his failure to timely notify the court and defendants that his 25 address has changed will not be cause for an extension of time. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Within seven days of the filing of this order, defendants shall re-serve plaintiff with 28 their motion for summary judgment (ECF No. 116) and file a notice of service with the court. 1 1 2. Plaintiff shall have twenty-one days from re-service of the motion for summary 2 judgment to file an opposition or notice of non-opposition. Defendants’ reply, if any, shall be due 3 seven days after the filing of plaintiff’s response. 4 5 SO ORDERED. DATED: October 2, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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