Garcia v. CDCR et al

Filing 38

ORDER signed by Magistrate Judge Craig M. Kellison on 9/7/2017 DENYING as unnecessary 34 Motion to Terminate Settlement Discussions and GRANTING 37 Motion for Extension of Time. Defendant's opposition to 36 Motion for Summary Judgment is due by 11/20/2017. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY RAY GARCIA,

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Plaintiff,

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No. 2:14-CV-0093-CMK-P

vs.

ORDER

TSENG,

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Defendant.

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/
Plaintiff, a prisoner proceeding pro se1, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court are: (1) plaintiff’s motion to terminate settlement

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discussions (Doc. 34); and (2) defendant’s motion for an extension of time (Doc. 37).

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Plaintiff seeks an order terminating settlement discussions. Because leave of

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court is not required to end settlement discussions, plaintiff’s motion will be denied as

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unnecessary.

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The limited appointment of Michael Erik Vinding, Esq., to represent plaintiff for
purposes of settlement negotiations has expired. See order at Doc. 30.
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Defendant seeks additional time to file an opposition to plaintiff’s motion for

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summary judgment filed on August 17, 2017. Good cause appearing therefor, defendant’s

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request will be granted. Defendant’s opposition is due by November 20, 2017.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion to terminate settlement discussions (Doc. 34) is denied

as unnecessary;

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2.

Defendant’s motion for an extension of time (Doc. 37) is granted; and

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3.

Defendant’s opposition to plaintiff’s motion for summary judgment is due

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by November 20, 2017.

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DATED: September 7, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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