Giraldes v. California Department of Corrections and Rehabilitation et al.

Filing 32

ORDER signed by Magistrate Judge Deborah Barnes on 5/28/2019 ORDERING plaintiff shall file an opposition or statement of non-opposition to defendants' 21 motion for summary judgment within 30 days of the date that he receives his dental records. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY GIRALDES, JR.,

No. 2:16-cv-2139 KJM DB

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Plaintiff,
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ORDER

v.
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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action pursuant to 42 U.S.C. § 1983. Defendants filed a motion for summary judgment on

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December 21, 2018. (ECF No. 21.) Thereafter, plaintiff filed a motion for an extension of time

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to file an opposition and a motion to compel. (ECF Nos. 22, 23.) Plaintiff indicated in his filings

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that he did not have access to certain documents necessary to file his opposition to the pending

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summary judgment motion. Specifically, plaintiff stated that he needed access to his dental

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records. The court ordered defendants to indicate whether plaintiff had been provided copies of

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or access to his dental records. (ECF No. 30.) Defendants indicated that plaintiff had not

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received copies of his dental records because he had not requested those records, but that he had

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been provided with other requested medical records. (ECF No. 31.) Defendants also stated that

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they will provide plaintiff with approximately 200 pages of dental records in their possession.

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Plaintiff will thus be directed to file an opposition.

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall file an opposition or

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statement of non-opposition to defendant’s motion for summary judgment within thirty days of

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the date that he receives his dental records.

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Dated: May 28, 2019

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DLB:12
DLB:1/Orders/prisoner-civil rights/gira2139.oppo

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