Wilson v. Fox et al

Filing 40

ORDER signed by Magistrate Judge Allison Claire on 1/9/2019 GRANTING 39 Motion for a Continuance and CONTINUING the 35 Motion for Summary Judgment Hearing to 2/20/2019 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file a response to 35 Motion for Summary Judgment no later than 2/6/2019. Failure to file a response will result in a recommendation that this case be dismissed. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRED WILSON,

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No. 2:16-cv-0219 JAM AC P
Plaintiff,

v.

ORDER

ROBERT FOX, et al.,
Defendants.

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. After plaintiff failed to meet his January 2, 2019 deadline for responding to

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defendants’ motion for summary judgment, the undersigned continued the January 16, 2019

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hearing on the motion by three weeks. ECF No. 38. On January 7, 2019, the court received

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plaintiff’s motion for a thirty-day continuance in order to allow him to obtain a declaration in

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support of his opposition to the motion for summary judgment. ECF No. 39. The certificate of

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service states that the motion was mailed on January 2, 2019. Id. at 9.

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Plaintiff’s request will be granted and the hearing will be continued an additional two

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weeks. However, plaintiff is cautioned that because he is not incarcerated, he is no longer entitled

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to the benefit of the prison mailbox rule. This means that his documents are no longer considered

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filed on the day he mails them. They are considered filed on the day they are received by the

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court, and must be received by the court by any applicable deadlines in order to be timely.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for a continuance (ECF No. 39) is granted.

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2. The February 6, 2019 hearing on defendants’ motion for summary is continued to

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February 20, 2019, at 10:00 a.m.
3. Plaintiff shall file a response to defendants’ motion for summary judgment no later

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than February 6, 2019. Failure to file a response will result in a recommendation that this case be

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dismissed.

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DATED: January 9, 2019

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