Thornberry v. Kernan et al

Filing 77

ORDER signed by Magistrate Judge Dennis M. Cota on 7/29/19 GRANTING 70 Plaintiff's motion for an order deeming his motion for summary judgment submitted on his current briefs and DENYING as unnecessary 71 Plaintiff's motion for an extension of time. (Kastilahn, A)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DANIEL LEE THORNBERRY,

12

Plaintiff,

13
14

No. 2:17-CV-0953-TLN-DMC-P

v.

ORDER

J. BAL, et al.,

15

Defendants.

16
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

17
18

42 U.S.C. § 1983. Pending before the court are plaintiff’s: (1) motion to deem motion for

19

summary judgment submitted (ECF No. 70); and (2) motion for an extension of time (ECF No.

20

71).

21

On June 5, 2019, the court issued an order addressing a number of pending

22

motions. See ECF No. 69. In that order, the court re-opened discovery for a 120-day period.

23

The court also observed plaintiff’s motion for summary judgment was pending and that,

24

following the close of discovery, plaintiff would be provided an opportunity to file an amended

25

motion for summary judgment. Plaintiff now moves the court for an order deeming his pending

26

motion for summary judgment submitted, apparently foregoing the opportunity to file an

27

amended motion. Good cause appearing therefor, plaintiff’s motion is granted and his motion for

28

summary judgment is deemed submitted on plaintiff’s original briefing. Upon the close of
1

1

discovery, the court will set a new dispositive motion filing deadline which will also be the

2

deadline for defendants to file an opposition to plaintiff’s motion for summary judgment.

3

Plaintiff also seeks an extension of time to file objections to findings and

4

recommendations regarding his motion for preliminary injunctive relief. Because that motion is

5

still pending and the court has not issued findings and recommendations thereon, plaintiff’s

6

motion is denied as unnecessary.

7

Accordingly, IT IS HEREBY ORDERED that:

8

1.

9

submitted on his current briefs (ECF No. 70) is granted; and

10
11

Plaintiff’s motion for an order deeming his motion for summary judgment

2.

Plaintiff’s motion for an extension of time (ECF No. 71) is denied as

unnecessary.

12
13
14

Dated: July 29, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2