Hardy v. Sisson et al

Filing 25

ORDER signed by Magistrate Judge Craig M. Kellison on 12/30/14 ORDERING that Plaintiffs motion for an extension of time 24 is granted; Plaintiff may file a response to the pending motion to dismiss within 30 days of the date of this order; and the Clerk of the Court is directed to terminate the prior motion to dismiss 15 as moot.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KRISTIN HARDY, 12 No. 2:13-cv-2514-GEB-CMK-P Plaintiff, 13 vs. 14 D. SISSON, et al., 15 ORDER Defendants. / 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. Pending before the court is defendants’ motion to dismiss plaintiff’s second 19 amended complaint (Doc. 23) and plaintiff’s motion for an extension of time to respond thereto 20 (Doc. 24). Good cause appearing therefor, plaintiff’s request will be granted. Plaintiff may file a 21 response within 30 days of the date of this order. 22 In addition, defendants’ original motion to dismiss (Doc. 15) is still pending as an 23 active motion. As plaintiff filed an amended complaint, and the defendants have filed a new 24 motion to dismiss, the original motion to dismiss is now moot. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s motion for an extension of time (Doc. 24) is granted; 1 1 2 3 4 2. Plaintiff may file a response to the pending motion to dismiss within 30 days of the date of this order; and 3. The Clerk of the Court is directed to terminate the prior motion to dismiss (Doc. 15) as moot. 5 6 7 8 DATED: December 30, 2014 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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