Dennis v. Kerman et al

Filing 207

ORDER signed by Magistrate Judge Allison Claire on 04/28/22 DENYING 204 Motion for Judicial Notice and GRANTING 205 Motion for Leave. Within 45 days of the service of this order, plaintiff may file a motion forsummary judgment.(Licea Chavez, V)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MATTHEW DENNIS,

12

No. 2:16-cv-0542 JAM AC P

Plaintiff,

13

v.

14

ORDER

SCOTT KERNAN, et al.,

15

Defendants.

16
Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

17
18

§ 1983, has filed a motion for judicial notice and objections to the April 15, 2022 order,1 which

19

include a request for leave to file an untimely motion for summary judgment. ECF Nos. 204,

20

205.
Plaintiff requests that the court take judicial notice of the motions in limine he mailed to

21
22

the court on March 27, 2022, and consider them when ruling on defendants’ motion for summary

23

judgment. ECF No. 204. Plaintiff’s motions in limine are not evidence going toward the merits

24

of the case and are therefore not appropriate for consideration in ruling on defendants’ summary-

25

judgment motion. The request for judicial notice will therefore be denied.
Plaintiff’s motion for leave to file an untimely motion for summary judgment establishes

26
27
28

1

The objections will be addressed by the assigned district judge. See Fed. R. Civ. P. 72(a).
1

1

excusable neglect and will be granted. Plaintiff is advised that his motion for summary judgment

2

must comply with the following guidelines. The motion may not exceed thirty-five pages, not

3

including the separate statement of facts and any exhibits. The motion may address only why

4

plaintiff believes that he is entitled to summary judgment on his claims against defendants Mays

5

and Allison. The motion should not include other requests for relief, attempt to revive previously

6

dismissed claims or defendants, or address other issues. The motion must be accompanied by a

7

separate statement of facts, as required by Federal Rule of Civil Procedure 56(c) and Local Rule

8

260(a). Each fact must be separately numbered and supported by a citation to “the particular

9

portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other

10

document relied upon to establish that fact.” L.R. 260(a); Fed. R. Civ. P 56(c). The statement of

11

facts should not include any arguments or legal citations. Plaintiff is cautioned that failure to

12

comply with these guidelines will result in the motion for summary judgment being stricken from

13

the record.

14

Accordingly, IT IS HEREBY ORDERED that:

15

1. Plaintiff’s request for judicial notice (ECF No. 204) is DENIED.

16

2. Plaintiff’s motion for leave to file an untimely motion for summary judgment (ECF

17
18

No. 205) is GRANTED.
3. Within forty-five days of the service of this order, plaintiff may file a motion for

19

summary judgment that complies with the guidelines set forth above. Any motion for summary

20

judgment that does not comply with the specified guidelines will be stricken from the record.

21

DATED: April 28, 2022

22
23
24
25
26
27
28
2