Coleman v. California Department of Correction and Rehabilitation et al

Filing 56

ORDER signed by Magistrate Judge Kendall J. Newman on 4/15/15 ORDERING that Plaintiffs April 10, 2015 motion (ECF No. 55 ) is construed as a motion pursuant to Rule 56(d) of the Federal Rules of Civil Procedure; and Within 21 days from the date of this order, defendants shall file a response, as set forth above; plaintiff may file a reply seven days thereafter.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT COLEMAN,

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Plaintiff,

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No. 2:13-cv-1021 KJN P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to

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42 U.S.C. § 1983, and is proceeding in forma pauperis. On April 10, 2015, plaintiff filed a

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motion for temporary restraining order. Plaintiff seeks a court order requiring the prison appeals

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coordinator to produce documentation concerning plaintiff’s prior administrative appeals.

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Plaintiff claims that he needs these documents to file objections, in the event that the court grants

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the pending motion for summary judgment, “for appeal purposes.” (ECF No. 55 at 1.)

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Specifically, plaintiff seeks production of his appeal SAC-C-12-01326 and CDCR Form 1824

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dated September 25, 2011. Plaintiff declares that he has attempted to obtain copies of such

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documents, to no avail. (ECF No. 55 at 10-11.)

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Notwithstanding plaintiff’s characterization of his motion, the court construes plaintiff’s

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filing as a motion pursuant to Rule 56(d) of the Federal Rules of Civil Procedure. Defendants’

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motion for summary judgment is fully briefed and submitted for decision.

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Good cause appearing, defendants are directed to respond to plaintiff’s motion pursuant to

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Rule 56(d). Such response shall address, inter alia, whether plaintiff should be granted more time

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to oppose the motion for summary judgment, whether the documents sought by plaintiff exist and

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if such documents do exist, the status of plaintiff’s requests to obtain such documents. Within

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seven days thereafter, plaintiff may file a reply to defendants’ response.

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Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s April 10, 2015 motion (ECF No. 55) is construed as a motion pursuant to
Rule 56(d) of the Federal Rules of Civil Procedure; and
2. Within twenty-one days from the date of this order, defendants shall file a response, as

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set forth above; plaintiff may file a reply seven days thereafter.

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Dated: April 15, 2015

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