Taylor v. Wong et al

Filing 34

ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/18 VACATING 32 Findings and Recommendations; GRANTING 33 Motion for Extension; and GRANTING plaintiff 45 days from the date of this order to file an opposition to 25 Motion for Summary Judgment and 26 Motion for Stay; and DIRECTING defendants to re-serve plaintiff with the summary judgment motion and motion to stay within 7 days of the date of this order. (Coll, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT TAYLOR,

12
13
14
15

No. 2: 17-cv-1758 MCE KJN P

Plaintiff,
v.

ORDER

WONG, et al.,
Defendants.

16
17

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

18

to 42 U.S.C. § 1983. On August 3, 2018, defendants filed a summary judgment motion and a

19

motion to stay. (ECF Nos. 25, 26.) Plaintiff did not file oppositions to these motions. On

20

September 20, 2018, the undersigned granted plaintiff thirty days to file an opposition to the

21

summary judgment motion. (ECF No. 29.) Plaintiff did not respond to the September 20, 2018

22

order. Accordingly, on November 6, 2018, the undersigned recommended that this action be

23

dismissed. (ECF No. 32.)

24

On December 6, 2018, plaintiff filed a motion for an extension of time to file an

25

opposition to defendants’ summary judgment motion. (ECF No. 33.) Plaintiff also requests that

26

he be provided with a copy of defendants’ summary judgment motion. In this pleading, plaintiff

27

acknowledges receipt of the September 20, 2018 order. Plaintiff alleges that he could not file a

28

timely opposition because of numerous, recent transfers, lack of access to his legal property and
1

1

his failure to receive his legal mail in a timely manner.
Plaintiff’s December 6, 2018 motion for extension of time is neither dated nor signed by

2
3

plaintiff. However, the proof of service attached to the motion contains a date and plaintiff’s

4

signature. Because the proof of service is dated and signed, the undersigned will consider

5

plaintiff’s motion for extension of time.

6

Good cause appearing, IT IS HEREBY ORDERED that:

7

1. The November 6, 2018 findings and recommendations (ECF No. 32) are vacated;

8

2. Plaintiff’s December 6, 2018 motion for extension of time (ECF No. 33) is granted;

9
10

plaintiff is granted forty-five days from the date of this order to file an opposition to defendants’
summary judgment motion and motion to stay;

11

3. Defendants shall re-serve plaintiff with the summary judgment motion and motion to

12

stay within seven days of the date of this order; defendants shall file proof of re-service with the

13

court.

14

Dated: December 12, 2018

15
16
17
Tay1758.vac
18
19
20
21
22
23
24
25
26
27
28
2