(PC) Underwood v. Mayes

Filing 35

ORDER signed by Magistrate Judge Deborah Barnes on 11/14/2023 ORDERING, within 20 days, plaintiff shall file a document which states whether or not he intends his 10/20/2023 filing to be a motion for summary judgment. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERROL LOVELL UNDERWOOD,

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No. 2:22-cv-0694 DB P

Plaintiff,
v.

ORDER

ROBERT MAYES,
Defendant.

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Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983.

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On October 20, 2023, plaintiff filed a document entitled “Plaintiff Discovery – Defendant Answer

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to Plaintiff Interrogatories and Admission.” (ECF No. 33.) Plaintiff introduces the document by

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explaining that he is filing his discovery. He then goes on to argue the merits of his case.

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Construing the motion as a motion for summary judgment, defendant seeks an extension of time

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to respond. (ECF No. 34.) Defendant explains that he is investigating plaintiff’s claims in

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preparation for filing a motion for summary judgment on or before the December 29, 2023

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deadline. Defendant has shown good cause for an extension of time.

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It is not clear that plaintiff intends to move for summary judgment in his October 20

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filing. The filing references discovery in the title and does not include a Statement of Undisputed

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Facts as required by Local Rule 260(a). Below, the court gives plaintiff an opportunity to explain

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whether or not he intends his October 20 filing to be a motion for summary judgment. If he does,
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then the court will grant defendant’s motion for an extension of time. If he does not, then

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defendant’s motion will be dismissed as moot.

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Accordingly, IT IS HEREBY ORDERED that within 20 days of the date of this order,

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plaintiff shall file a document which states whether or not he intends his October 20 filing to be a

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motion for summary judgment.

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Dated: November 14, 2023

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DLB:9
DB Prisoner Inbox/Civil Rights/R/unde0694.p 10 20 mtn

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