Polk v. Cavin et al

Filing 244

ORDER GRANTING IN PART 243 PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; DIRECTING PRISON OFFICIALS TO GRANT REASONABLE ACCESS TO LEGAL MATERIALS AND LAW LIBRARY. Signed by Judge Maxine M. Chesney on February 8, 2013.(mmcsec, COURT STAFF) (Filed on 2/8/2013) (Additional attachment(s) added on 2/8/2013: # 1 Certificate of Service) (tlS, COURT STAFF).

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17

)
)
)
Plaintiff,
)
)
v.
)
)
JAMES CAVIN, et al.,
)
)
Defendants.
)
)
)
)
_______________________________ )
SUSAN MAE POLK,

No. C 08-1483 MMC (PR)
ORDER GRANTING IN PART
PLAINTIFF’S REQUEST FOR
EXTENSION OF TIME TO FILE
OPPOSITION TO DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT; DIRECTING PRISON
OFFICIALS TO GRANT
REASONABLE ACCESS TO LEGAL
MATERIALS AND LAW LIBRARY
(Docket No. 243)

18

On March 17, 2008, plaintiff, a California prisoner then incarcerated at the Central

19

California Women’s Facility in Chowchilla, California (“CCWF”), and proceeding pro se,

20

filed the above-titled civil rights action under 42 U.S.C. § 1983.1 On December 22, 2011,

21

defendants filed a motion for summary judgment. Plaintiff’s opposition is currently due on

22

or before February 27, 2013. Now before the Court is plaintiff’s request for an extension of

23

time to file an opposition to said motion, specifically an extension to May 1, 2013. To date,

24

the Court has granted plaintiff five such extensions.

25

In light of plaintiff’s statement that prison officials have denied plaintiff access to her

26

legal materials, discovery file, and the law library, the Court finds good cause has been

27

shown for one last extension. The Court further finds, however, that an extension of the

28

length sought by the instant request is unnecessary.
1

Plaintiff currently is incarcerated at the California Institution for Women (“CIW”).

1

Accordingly, the Court orders as follows:

2

1. Plaintiff’s request for an extension is hereby GRANTED in part, and the Court

3

hereby extends to March 28, 2013 the deadline for plaintiff to file and serve her opposition.

4

No good cause exists to extend the deadline to a later date, and, absent leave of court, no

5

further motions by plaintiff shall be filed until the opposition is filed.

6
7

2. The deadline for defendants to file a reply remains as scheduled, specifically,
fifteen days from the date on which plaintiff’s opposition is filed.

applicable policies and procedures of the facility, prison officials shall provide plaintiff with:

10

(1) reasonable physical access to her legal materials, including her discovery file; and (2) two

11
For the Northern District of California

3. During this extension, and to the extent consistent with security concerns and other

9

United States District Court

8

to four hours of access to a prison law library per week.

12
13

4. The Clerk is DIRECTED to serve a copy of this order on the CIW Litigation
Coordinator, 16756 Chino-Corona Road, Corona, CA 92880.

14

This order terminates Docket No. 243.

15

IT IS SO ORDERED.

16
17
18

DATED: February 8, 2013
_________________________
MAXINE M. CHESNEY
United States District Judge

19
20
21
22
23
24
25
26
27
28
2