Tunstall v. Bick et al

Filing 119

ORDER signed by Magistrate Judge Dennis M. Cota on 1/25/2022 DENYING plaintiff's 109 motion for an extension of time. Plaintiff's opposition to defendants' motion to revoke plaintiff's ifp status is due within 60 days. Defendants' responsive pleading or motion shall be filed, if necessary within 30 days of the Court's final ruling on defendants' motion to revoke plaintiff's in forma pauperis status. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT WILLAIM TUNSTALL, JR.,

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No. 2:16-CV-2604-KJM-DMC-P

Plaintiff,
v.

ORDER

JOSEPH BICK, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983.

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Pending before the Court is Plaintiff’s motion, ECF No. 109, for an extension of

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time. Plaintiff’s motion is denied because, as of the date Plaintiff filed his motion, no deadlines

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were pending. Given the circumstances outlined in Plaintiff’s motion, specifically COVID-19

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prison restrictions, the Court will sua sponte grant Plaintiff additional time to file an opposition to

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Defendants’ motion to revoke Plaintiff’s in forma pauperis status, which was filed after Plaintiff

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filed his motion for an extension of time.

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Also before the Court is Defendants’ motion, as part of their motion to revoke

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Plaintiff’s in forma pauperis status at ECF No. 116, that the deadline to file a responsive pleading

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be extended to 30 days following the Court’s final ruling on the motion to revoke in forma

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pauperis status. Good cause appearing therefor, Defendants’ motion is granted.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion for an extension of time, ECF No. 109, is denied;

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2.

Plaintiff’s opposition to Defendants’ motion to revoke Plaintiff’s in forma

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pauperis status, ECF No. 116, is due within 60 days of the date of this order; and
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Defendants’ responsive pleading or motion shall be filed, if necessary,

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within 30 days of the date of the Court’s final ruling on Defendants’ motion to revoke Plaintiff’s

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in forma pauperis status.

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Dated: January 25, 2022
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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