Carabay v. Sayre et al

Filing 26

ORDER DENYING MOTION TO VACATE FILING DEADLINE. Signed by Judge Richard Seeborg on 12/13/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/13/2011)

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*E-Filed 12/13/11*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JESSE CARABAY,
Plaintiff,

United States District Court
For the Northern District of California

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No. C 11-0289 RS (PR)
ORDER DENYING MOTION TO
VACATE FILING DEADLINE

v.
MICHAEL C. SAYRE, et al.,
Defendants.

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This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state

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prisoner. The parties’ stipulation and proposed order to vacate the deadline for filing a

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summary judgment motion (Docket No. 25), which the Court construes as a motion to vacate

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such deadline, is DENIED as unnecessary. As the order of service stated, defendants were to

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file a summary judgment motion or other dispositive motion within 90 days. As defendants

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have filed a motion to dismiss, they have filed a dispositive motion, and therefore there is at

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present no due date for a motion for summary judgment. If the motion to dismiss is denied,

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the Court will then direct defendants to file a summary judgment motion, and assign a filing

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deadline.

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IT IS SO ORDERED.

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DATED: December 13, 2011

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RICHARD SEEBORG
United States District Judge

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No. C 11-0289 RS (PR)
ORDER DENYING MOTION