(PC) Smith v. Diez et al

Filing 74

ORDER signed by Magistrate Judge Dennis M. Cota on 01/23/2024 LIFTING the stay of this action. Plaintiff's Opposition to 56 Motion for Summary Judgment due within 30 days. (Spichka, 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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LARRY SMITH,

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Plaintiff,

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

v.

ORDER

CONNIE GIPSON, et al.,

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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.
On July 27, 2023, the Court stayed proceedings in this case pending resolution of

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Plaintiff’s various health issues. See ECF No. 71. Thereafter, on September 5, 2023, Plaintiff

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filed a status report indicating that, following various transfers to other prisons for enhanced

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medical care, his medical issues have been resolved and he has been reunited with his legal

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materials. See ECF No. 73. Good cause appearing therefor based on Plaintiff’s status report, the

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stay of proceeding will be lifted. The Court will also grant Plaintiff additional time within which

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to file an opposition to Defendants’ pending motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED as follows:

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The stay of proceedings imposed on July 27, 2023, is LIFTED.

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2.

Plaintiff’s opposition to Defendants’ motion for summary judgment is due

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within 30 days of the date of this order.

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Dated: January 23, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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