Rice v. Bauer et al

Filing 79

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/2017 GRANTING 78 Motion to Amend and Amended Opposition. Clerk to modify docket entry 78 to read "Motion to Amend and Amended Opposition". Defendants may, within 7 days of this order's entry, supplement their reply to address the amendments to plaintiff's opposition. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KORDY RICE, 12 No. 2:15-cv-236-JAM-EFB P Plaintiff, 13 v. 14 D. BAUER, et al., 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On July 13, 2017, defendants filed a motion for summary judgment. ECF No. 19 68. Plaintiff filed an opposition (ECF No. 73) and defendants filed a reply (ECF No. 77). 20 Plaintiff then submitted a motion to amend his opposition to the motion. ECF No. 78. The 21 amended opposition contains a more detailed response to defendants’ statement of undisputed 22 facts and several exhibits. Id. The court will grant plaintiff’s motion and consider these 23 supplements to his opposition. In so doing, defendants will be provided with an opportunity to 24 supplement their reply to address the amended materials. 25 Accordingly, it is ORDERED that: 26 1. Plaintiff’s motion to amend his response to defendants’ motion for summary 27 judgment (ECF No. 78) is GRANTED and the Clerk shall modify docket entry 78 to read 28 “Motion to Amend and Amended Opposition”; and 1 1 2. Defendants may, within seven days of this order’s entry, supplement their reply to 2 address the amendments to plaintiff’s opposition. 3 DATED: September 13, 2017. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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