Shahid v. Aldaz et al
Filing
43
ORDER signed by Magistrate Judge Kendall J. Newman on 02/24/16 ordering plaintiff's 2/16/16 motion for extension of time 42 is granted. Within 30 days of the date of service of this order, plaintiff shall file an opposition to defendants' ; cross-motion for summary judgment. Plaintiff's 6/10/15 motion for summary judgment 30 is denied without prejudice to its renewal with the filing of plaintiff's opposition to defendants' cross-motion for summary judgment. Plaintif f shall renew his motion for summary judgment merely by filing with his opposition a notice of motion for summary judgment. Thereafter plaintiff's renewed motion for summary judgment will be submitted for findings and recommendations on all the papers on file following the filing of defendants' reply in support of their cross-motion for summary judgment. (Plummer, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
UMAR SHAHID,
12
No. 2:14-cv-0454 JAM KJN P (TEMP)
Plaintiff,
13
v.
14
I. ALDAZ et al.,
15
ORDER
Defendants.
16
17
Plaintiff is a state prisoner, proceeding pro se, with a civil rights action seeking relief
18
under 42 U.S.C. § 1983. On June 10, 2015, plaintiff filed a motion for summary judgment. (Doc.
19
No. 30) On June 17, 2015, then-Magistrate Judge Dale A. Drozd granted defendants an extension
20
of time to file an opposition to plaintiff’s motion until after the court had ruled on their pending
21
motion for summary judgment based on plaintiff’s purported failure to exhaust administrative
22
remedies prior to filing suit. (Doc. No. 34) On November 12, 2015, the undersigned issued
23
findings and recommendations, recommending granting in part and denying in part defendants’
24
motion for summary judgment. (Doc. No. 37) On December 29, 2015, the assigned district judge
25
adopted the findings and recommendations in full. (Doc. No. 40) In accordance with Judge
26
Drozd’s prior order, on January 19, 2016, defendants filed a cross-motion for summary judgment.
27
(Doc. No. 41) On February 16, 2016, plaintiff filed a motion for an extension of time to respond
28
to defendants’ cross-motion for summary judgment. (Doc. No. 42)
1
1
Good cause appearing, the court grants plaintiff’s request for additional time to respond to
2
defendants’ cross-motion for summary judgment. In addition, however, due to considerations of
3
judicial economy and the extended time period required for briefing by the parties, the court
4
denies plaintiff’s motion for summary judgment filed on June 10, 2015, without prejudice to its
5
renewal, as appropriate, by plaintiff with his opposition to defendants’ cross-motion for summary
6
judgment. In order to renew the motion, plaintiff shall file only a notice of renewal of the motion
7
for summary judgment. He shall not refile any of the documents he filed with the June 10, 2015
8
motion for summary judgment. If plaintiff files such a notice of renewal, the parties’ cross-
9
motions for summary judgment will be submitted for findings and recommendations following
10
the filing of defendants’ reply, if any, in support of their cross-motion for summary judgment.
11
In accordance with the above, IT IS HEREBY ORDERED that:
12
1. Plaintiff’s February 16, 2016 motion for extension of time (Doc. No. 42) is granted;
13
2. Within thirty days of the date of service of this order, plaintiff shall file an opposition
14
15
to defendants’ cross-motion for summary judgment; and
3. Plaintiff’s June 10, 2015 motion for summary judgment (Doc. No. 30) is denied
16
without prejudice to its renewal with the filing of plaintiff’s opposition to defendants’ cross-
17
motion for summary judgment. Plaintiff shall renew his motion for summary judgment merely by
18
filing with his opposition a notice of motion for summary judgment. Thereafter plaintiff’s
19
renewed motion for summary judgment will be submitted for findings and recommendations on
20
all the papers on file following the filing of defendants’ reply in support of their cross-motion for
21
summary judgment.
22
Dated: February 24, 2016
23
24
shah0454.36opp
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?