(PC) Murphy v. Pierce et al

Filing 72

ORDER signed by Magistrate Judge Chi Soo Kim on 08/30/2024 DIRECTING Plaintiff to file a notice of change of address and an opposition or a statement of non-opposition to the 71 Motion for Leave to File a Second Motion for Summary Judgment within 21 days. (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MONRELL D. MURPHY,

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Plaintiff,

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v.

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C. PIERCE, et al.,

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No. 2:21-cv-1789 TLN CSK P

ORDER
Defendants.

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Plaintiff is a state prisoner proceeding pro se. On August 20, 2024, defendants Lopez,

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Pierce and Lebeck filed an administrative motion for leave to file a second motion for summary

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judgment based on non-exhaustion of plaintiff’s second retaliation claim. As set forth below,

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within twenty-one days from the date of this order, plaintiff is directed to file an opposition or

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statement of non-opposition to defendant’s motion, and to file a notice of change of address.

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I.

BACKGROUND

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The Court’s scheduling order, as amended, set a deadline of January 27, 2024, for

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defendants to file pretrial motions. (ECF Nos. 48, 56). On January 18, 2024, defendants filed a

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motion for summary judgment on grounds that plaintiff failed to exhaust his administrative

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remedies as to plaintiff’s claim that defendant Pierce was deliberately indifferent to plaintiff’s

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medical needs, and on the merits of his remaining claims. On August 16, 2024, the Court issued

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findings and recommendations noting that defendants failed to address plaintiff’s retaliation claim
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against defendant Pierce based on the fourth incident falsely charging plaintiff with two rules

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violations. (ECF No. 70 at 35 n.15, 44.)

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On August 20, 2024, defendants filed an administrative motion for leave to file a second

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motion for summary judgment as to the second retaliation claim. (ECF No. 71) (citing Local

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Rule 233).

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On August 23, 2024, plaintiff’s copy of the findings and recommendations was returned

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as undeliverable and with an indication that plaintiff has been paroled.

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II.

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LOCAL RULE 233
Administrative motions are governed by Local Rule 233, which provides:

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Miscellaneous administrative matters which require a Court order
may be brought to the Court’s attention through a motion for
administrative relief. Examples of matters that such motions may
address include motions to exceed applicable page limitations;
requests to shorten time on a motion; requests to extend a response
deadline; requests to alter a briefing schedule; or requests to alter a
discovery schedule that does not affect dispositive motion filing
dates, trial dates, or the final pre-trial conference.

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L.R. 233.

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III.

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DISCUSSION
Though defendants’ motion is not one of the motions listed as an example in Local Rule

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233, the motion does affect the dispositive motion filing dates. Further, the Court finds the

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shortened briefing period provided under Local Rule 233 to be insufficient, particularly for

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incarcerated plaintiffs. While it appears that plaintiff may have paroled from prison, it is

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appropriate to give plaintiff additional time to respond to the motion.

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Accordingly, plaintiff is granted twenty-one days from the date of this order to file an

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opposition or statement of non-opposition to defendants’ motion for leave to file a second motion

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for summary judgment. Further, although plaintiff’s copy of the findings and recommendations

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was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court

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apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents

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at the record address of the party is fully effective. In an abundance of caution, plaintiff is

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directed to file a notice of change of address.
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Good cause appearing, IT IS HEREBY ORDERED that within twenty-one days from the

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date of this order, plaintiff shall file an opposition or statement of non-opposition to defendant’s

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motion for leave to file a second motion for summary judgment and shall file a notice of change

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of address.

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Dated: August 30, 2024

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/1/murp1789.ss.eot

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