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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANNY RAY GARCIA, 12 Plaintiff, 13 14 No. 2:14-CV-0093-CMK-P vs. ORDER TSENG, 15 Defendant. 16 / Plaintiff, a prisoner proceeding pro se1, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. Pending before the court are: (1) plaintiff’s motion to terminate settlement 19 discussions (Doc. 34); and (2) defendant’s motion for an extension of time (Doc. 37). 20 Plaintiff seeks an order terminating settlement discussions. Because leave of 21 court is not required to end settlement discussions, plaintiff’s motion will be denied as 22 unnecessary. 23 /// 24 /// 25 1 26 The limited appointment of Michael Erik Vinding, Esq., to represent plaintiff for purposes of settlement negotiations has expired. See order at Doc. 30. 1 1 Defendant seeks additional time to file an opposition to plaintiff’s motion for 2 summary judgment filed on August 17, 2017. Good cause appearing therefor, defendant’s 3 request will be granted. Defendant’s opposition is due by November 20, 2017. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. 6 Plaintiff’s motion to terminate settlement discussions (Doc. 34) is denied as unnecessary; 7 2. Defendant’s motion for an extension of time (Doc. 37) is granted; and 8 3. Defendant’s opposition to plaintiff’s motion for summary judgment is due 9 by November 20, 2017. 10 11 12 13 DATED: September 7, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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