(PC) Smith v. Diez et al

Filing 77

ORDER signed by Magistrate Judge Dennis M. Cota on 03/14/2024 DENYING 76 Motion for Extension of Time.(Lopez, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LARRY SMITH,

12
13
14
15

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

v.

ORDER

CONNIE GIPSON, et al.,
Defendants.

16
17

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

18

42 U.S.C. § 1983. Pending before the Court is Plaintiff’s late-filed motion for an extension of

19

time. See ECF No. 76.

20

Plaintiff seeks a further extension of time to file an opposition to Defendants’

21

motion for summary judgment. Plaintiff’s motion will be denied as untimely. Defendants’

22

motion for summary judgment was filed on January 17, 2023. Since then, Plaintiff has been

23

granted five extensions of time and obtained a temporary stay of proceedings to allow additional

24

time to respond. On January 23, 2024, the Court granted Plaintiff a final 30-day extension of

25

time. As of March 7, 2024, Plaintiff had not filed an opposition to Defendants’ motion for

26

summary judgment and the Court issued findings and recommendations that the unopposed

27

motion be granted. Plaintiff’s current motion for a further extension of time was filed after the

28

Court issued findings and recommendations and, as such is untimely.
1

1

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for an extension

2

of time to file an opposition to Defendants’ motion for summary judgment, ECF No. 76, is

3

DENIED.

4
5

Dated: March 14, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2