(PC) Smith v. Diez et al

Filing 71

ORDER STAYING CASE signed by Magistrate Judge Dennis M. Cota on 7/27/2023 GRANTING 70 Motion for Extension of Time, to the extent the Court GRANTS a stay of proceedings. This action is STAYED. Plaintiff shall file a status report within 30 days of the date of this order and every 30 days thereafter pending further order of the Court. CASE STAYED. (Huang, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY SMITH,

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No. 2:20-CV-0071-DAD-DMC-P
Plaintiff,

v.

ORDER

CONNIE GIPSON, et al.,
Defendants.

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

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42 U.S.C. § 1983. Pending before the Court is Plaintiff’s fourth motion, ECF No. 70, for an

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extension of time to file an opposition to Defendants’ motion for summary judgment. Good

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cause appearing therefor based on Plaintiff’s declaration indicating the need for additional time

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due to a recent prison transfer, separation from his legal mail, and further surgery on his back,

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Plaintiff’s motion will be granted.

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However, rather than addressing additional requests for extensions as the medical

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status of Plaintiff is resolved, the Court here finds that a stay of proceedings is appropriate. The

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Court will require Plaintiff to submit status reports on the status of his medical issues and access

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to his legal materials. Once the Court is notified that the restraints on Plaintiff’s ability to

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meaningfully oppose Defendants’ motion for summary judgment have been alleviated, the Court

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will set a due date for Plaintiff’s opposition.
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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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Plaintiff’s motion for an extension of time, ECF No. 70, is GRANTED to

the extent the Court grants a stay of proceedings.

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2.

This action is STAYED.

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3.

Plaintiff shall file a status report within 30 days of the date of this order and

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every 30 days thereafter pending further order of the Court.

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Dated: July 27, 2023

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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