Clemente v. Parciasepe et al

Filing 63

ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/2015 ORDERING plaintiff to file his opposition to the motion for summary judgment on or before 8/28/2015. Defendant's reply shall be filed 7 days thereafter.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCELINO CLEMENTE,

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Plaintiff,

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No. 2:14-cv-0611 MCE KJN P

v.

ORDER

T. PARCIASEPE,

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Defendant.

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Plaintiff is a state prisoner, proceeding without counsel. On July 13, 2015, the court

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requested that the litigation coordinator at Mule Creek State Prison advise the court of plaintiff’s

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access to his legal materials, including documents he had given to another inmate, Alonzo Joseph.

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On July 15, 2015, counsel for defendant filed a response, indicating that Mr. Joseph sent the

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opposition to defendant’s counsel, but apparently did not file it with the court. On July 23, 2015,

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the litigation coordinator responded, confirming that Mr. Joseph sent the document to defendant’s

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counsel, and noting that plaintiff had received his copy and now has access to his legal materials.

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On July 22, 2015, plaintiff confirmed that he had received the opposition, but that the proposed

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opposition is not complete, and therefore requested an opportunity to submit his opposition within

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the forty-five day extension of time provided to plaintiff in the July 13, 2015 order.

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Good cause appearing, plaintiff’s request is granted. Plaintiff shall file his opposition on
or before August 28, 2015; defendant’s reply is due seven days thereafter.
Accordingly, IT IS HEREBY ORDERED that plaintiff shall file his opposition to the

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motion for summary judgment on or before August 28, 2015. Defendant’s reply shall be filed

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seven days thereafter.

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Dated: July 29, 2015

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clem0611.eotc

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