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)

Download PDF
1 2 *E-Filed 12/13/11* 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN FRANCISCO DIVISION 8 9 JESSE CARABAY, Plaintiff, United States District Court For the Northern District of California 10 11 12 No. C 11-0289 RS (PR) ORDER DENYING MOTION TO VACATE FILING DEADLINE v. MICHAEL C. SAYRE, et al., Defendants. 13 / 14 15 This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state 16 prisoner. The parties’ stipulation and proposed order to vacate the deadline for filing a 17 summary judgment motion (Docket No. 25), which the Court construes as a motion to vacate 18 such deadline, is DENIED as unnecessary. As the order of service stated, defendants were to 19 file a summary judgment motion or other dispositive motion within 90 days. As defendants 20 have filed a motion to dismiss, they have filed a dispositive motion, and therefore there is at 21 present no due date for a motion for summary judgment. If the motion to dismiss is denied, 22 the Court will then direct defendants to file a summary judgment motion, and assign a filing 23 deadline. 24 IT IS SO ORDERED. 25 DATED: December 13, 2011 26 RICHARD SEEBORG United States District Judge 27 28 No. C 11-0289 RS (PR) ORDER DENYING MOTION

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?