(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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIKE MORGAN, 12 Plaintiff, 13 14 No. 2:23-CV-1955-DAD-DMC-P v. ORDER A. ESPINOZA, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. ยง 1983. 19 Pending before the Court is Plaintiff's motion for an extension of time to file an 20 opposition to Defendant Espinoza's motion to dismiss. See ECF No. 33. Good cause appearing 21 therefore based on Plaintiff's declaration indicating the need for additional time due to a recent 22 separation from his legal material while he was on out-to-court status, Plaintiff's motion will be 23 granted. 24 Also before the Court is Plaintiff's request for clarification. See ECF No. 30. 25 Plaintiff seeks clarification as to whether this action is proceeding on the operative first amended 26 complaint as against Defendant Espinoza. As Defendant Espinoza has been named in the first 27 amended complaint, Plaintiff is informed that the current action proceeds against this defendant, 28 who has been ordered served, who has waived service, and who has filed a motion to dismiss. 1 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. Plaintiff's motion for an extension of time, ECF No. 33, is granted. 3 2. Plaintiff's opposition to Defendant Espinoza's motion to dismiss is due 4 within 30 days of the date of this order. 5 3. 6 pending motions. The Clerk of the Court is directed to terminate ECF Nos. 30 and 33 as 7 8 Dated: November 25, 2024 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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