Hoffmann v. Corning Police Department

Filing 34

ORDER signed by Magistrate Judge Kendall J. Newman on 2/16/2016 DISCHARGING the 1/21/2016 order to show cause; plaintiff's 1/19/2016 opposition 31 is deemed timely filed; and defendants may file a reply within 14 days.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN HOFFMAN,

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No. 2:14-cv-2736 MCE KJN P

Plaintiff,
v.

ORDER

CORNING POLICE DEPARTMENT, et
al.,
Defendants.

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Plaintiff, a former county prisoner proceeding pro se, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983. On January 21, 2016, plaintiff was ordered to show cause why the

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court should not impose sanctions based on her late filing. On February 1, 2016, plaintiff filed a

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response indicating that her delay was due to the holidays which prevented her from obtaining

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needed legal assistance, but that she filed her opposition as soon as she obtained such assistance.

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Plaintiff argues that the brief delay did not prejudice defendants.

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Good cause appearing, the court discharges the order to show cause without imposing

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sanctions, and grants plaintiff an extension of time, nunc pro tunc, to oppose defendants’ motion.

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The January 19, 2016 opposition is deemed timely filed, and defendants are granted an extension

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of time in which to file a reply. However, plaintiff is cautioned that in the future, she should

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request an extension of time in which to meet a court deadline rather than disregard the deadline.

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Failure to comply with court orders can result in the dismissal of the case. Fed. R. Civ. P. 41(b).
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Accordingly, IT IS HEREBY ORDERED that:

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1. The January 21, 2016 order to show cause (ECF No. 32) is discharged;

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2. Plaintiff’s January 19, 2016 opposition (ECF No. 31) is deemed timely filed; and

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3. Defendants may file a reply within fourteen days from the date of this order.

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Dated: February 16, 2016

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hoff2736.dscg

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