(PC) Morgan v. Espinoza et al

Filing 34

ORDER signed by Magistrate Judge Dennis M. Cota on 11/25/2024 GRANTING 33 Motion for Extension of Time. Plaintiff's opposition to 31 Motion to Dismiss is due within 30 days of the date of this order. (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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MIKE MORGAN,

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Plaintiff,

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No. 2:23-CV-1955-DAD-DMC-P

v.

ORDER

A. ESPINOZA, 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.

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Pending before the Court is Plaintiff's motion for an extension of time to file an

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opposition to Defendant Espinoza's motion to dismiss. See ECF No. 33. Good cause appearing

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therefore based on Plaintiff's declaration indicating the need for additional time due to a recent

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separation from his legal material while he was on out-to-court status, Plaintiff's motion will be

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granted.

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Also before the Court is Plaintiff's request for clarification. See ECF No. 30.

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Plaintiff seeks clarification as to whether this action is proceeding on the operative first amended

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complaint as against Defendant Espinoza. As Defendant Espinoza has been named in the first

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amended complaint, Plaintiff is informed that the current action proceeds against this defendant,

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who has been ordered served, who has waived service, and who has filed a motion to dismiss.
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Accordingly, IT IS HEREBY ORDERED as follows:

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Plaintiff's motion for an extension of time, ECF No. 33, is granted.

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2.

Plaintiff's opposition to Defendant Espinoza's motion to dismiss is due

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within 30 days of the date of this order.

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3.

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pending motions.

The Clerk of the Court is directed to terminate ECF Nos. 30 and 33 as

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Dated: November 25, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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