Brandon v. Williams, et al.

Filing 48

ORDER signed by Magistrate Judge Craig M. Kellison on 8/29/2018 GRANTING 38 Motion for Leave to File an Amended Motion for Summary Adjudication; DIRECTING the Clerk of Court to separately file the proposed amended motion for summary judgment attach ed to plaintiff's 38 motion as an amended motion for summary adjudication filed as of 8/6/2018; DISREGARDING 31 original motion for summary adjudication as superseded by the amended motion and the Clerk to terminate 31 as a pending motion; and ORDERING Defendants may file new oppositions to plaintiff's amended motion within 30 days of the date of this order and plaintiff may file his replies within 30 days after service of defendants' opposition briefs. (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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KAIAN BRANDON,

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Plaintiff,

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No. 2:14-CV-2883-TLN-CMK-P

vs.

ORDER

L. WILLIAMS, et al.

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Defendants.

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

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42 U.S.C. § 1983. On June 25, 2018, plaintiff filed a motion for summary adjudication (Doc.

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31). Defendants filed oppositions to the motion and plaintiff filed his reply. Thereafter, on

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August 6, 2018, plaintiff filed a request (Doc. 38) seeking leave to file an amended motion for

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summary adjudication in order to properly address and/or support a fact. No defendant has

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opposed the motion.1 Good cause appearing therefore, plaintiff’s motion will be granted. See

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Fed. R. Civ. P. 56(e)(1).

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Defendant Hendricks has requested a ruling on plaintiff’s motion and clarification
as to whether further briefing will be permitted. See Doc. 47.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for leave to file an amended motion for summary

adjudication (Doc. 38) is granted;
2.

The Clerk of the Court is directed to separately file the proposed amended

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motion for summary judgment attached to plaintiff’s motion at Doc. 38 as an amended motion

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for summary adjudication filed as of August 6, 2018;

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3.

Plaintiff’s original motion for summary adjudication (Doc. 31) is

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disregarded as superceded by the amended motion and the Clerk of the Court shall terminate

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Doc. 31 as a pending motion; and

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4.

Defendants may file new oppositions to plaintiff’s amended motion within

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30 days of the date of this order and plaintiff may file his replies within 30 days after service of

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defendants’ opposition briefs.

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DATED: August 29, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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