Harrell v. Walmart et al

Filing 109

ORDER signed by Magistrate Judge Allison Claire on 01/14/19 GRANTING IN PART and DENYING IN PART 108 Motion for Extension of Time; plaintiff shall file his response to defendant's 101 motion for summary judgment by 02/17/19. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA NEIL HARRELL,

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No. 2:15-cv-00576 JAM AC PS

Plaintiff,
v.

ORDER

MICHELLE BELYEA,
Defendant.

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Plaintiff is proceeding in this case in pro per. The proceeding has accordingly been
referred to the magistrate judge by E.D. Cal. R. (“Local Rule”) 302(c)(21).
Plaintiff has requested a 30-day extension of time to file his response to defendant’s

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motion for summary judgment, requesting a due date of February 17, 2019. ECF No. 108.

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Plaintiff also requests additional time to file objections to this court’s order at ECF No. 100, dated

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November 6, 2018. Id. Plaintiff cites his late receipt of the motion and limited resources due to

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incarceration as the reasons for his requiring an extension. Id. at 1-2. The court previously

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ordered re-service of both documents on plaintiff on December 20, 2018, and gave him an

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additional 30 days from that date to respond. ECF No. 107. In the interest of resolving this case

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on the merits, the request for an extension of time will be granted as to plaintiff’s opposition to

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summary judgment. No additional time will be provided to file objections to the court’s

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November 6, 2018 order. The court cautions plaintiff that further requests for additional time will

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be looked upon with disfavor.

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For good cause shown, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time (ECF No. 108) is GRANTED in part and

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DENIED in part as described above. Plaintiff shall file his response to defendant’s

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motion for summary judgment no later than February 17, 2019.

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2. If plaintiff fails to timely comply with this order, the undersigned will construe the

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lack of response as non-opposition and deem the summary judgment motion submitted

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on the papers.

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DATED: January 14, 2019

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