Brandon v. Williams, et al.
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motion for summary adjudication filed as of 8/6/2018; DISREGARDING 31 original motion for summary adjudication as superseded by the amended motion and the Clerk to terminate 31 as a pending motion; and ORDERING Defendants may file new oppositions to plaintiff's amended motion within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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
L. WILLIAMS, et al.
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. On June 25, 2018, plaintiff filed a motion for summary adjudication (Doc.
31). Defendants filed oppositions to the motion and plaintiff filed his reply. Thereafter, on
August 6, 2018, plaintiff filed a request (Doc. 38) seeking leave to file an amended motion for
summary adjudication in order to properly address and/or support a fact. No defendant has
opposed the motion.1 Good cause appearing therefore, plaintiff’s motion will be granted. See
Fed. R. Civ. P. 56(e)(1).
Defendant Hendricks has requested a ruling on plaintiff’s motion and clarification
as to whether further briefing will be permitted. See Doc. 47.
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff’s motion for leave to file an amended motion for summary
adjudication (Doc. 38) is granted;
The Clerk of the Court is directed to separately file the proposed amended
motion for summary judgment attached to plaintiff’s motion at Doc. 38 as an amended motion
for summary adjudication filed as of August 6, 2018;
Plaintiff’s original motion for summary adjudication (Doc. 31) is
disregarded as superceded by the amended motion and the Clerk of the Court shall terminate
Doc. 31 as a pending motion; and
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.
DATED: August 29, 2018
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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