Dennis v. Kerman et al

Filing 227

ORDER signed by Magistrate Judge Allison Claire on 08/24/22 DENYING 225 Motion for default judgment. Plaintiff shall have an additional fourteen days, up to September 12, 2022, to file a reply in support of his motion for summary judgment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW M. DENNIS,

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

Plaintiff,

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v.

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ORDER

SCOTT KERNAN, et al.,

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Defendants.

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

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§ 1983, has filed a motion for default judgment on the ground that defendants have not responded

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to his motion for summary judgment. ECF No. 225. After plaintiff filed his motion for summary

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judgment (ECF No. 211), defendants sought a thirty-day extension of time to respond (ECF No.

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215). The motion was granted, and defendants had thirty days from the service of the order to file

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their opposition, making the new deadline August 12, 2022.1 ECF No. 218. August 12 was a

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Friday; the opposition was filed the following Monday, August 15, and was not accompanied by a

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request for leave to untimely file. Because the delay was so brief and in light of court policy

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favoring resolution of issues on the merits, the opposition will be deemed timely filed and

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plaintiff’s motion for default judgment will be denied. Defendants are cautioned that further late

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Because the order was served on defendants electronically, they were not entitled to the
additional three days provided when service is made by mail. See Fed. R. Civ. P. 6(d).
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filings that are not accompanied by a motion for leave to untimely file will be disregarded.

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Plaintiff currently has until August 29, 2022, to file a reply in support of his motion for summary

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judgment, and that deadline will be briefly extended.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for default judgment (ECF No. 225) is DENIED.

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2. Plaintiff shall have an additional fourteen days, up to September 12, 2022, to file a

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reply in support of his motion for summary judgment.

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DATED: August 24, 2022

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