Walker v. Ahern et al

Filing 31

ORDER GRANTING PLAINTIFF'S MOTION FOR A CONTINUANCE 27 (Illston, Susan) (Filed on 5/8/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 12-6059 SI

VERNON L. WALKER,

ORDER GRANTING PLAINTIFF’S
MOTION FOR A CONTINUANCE

Plaintiff,
v.
SHERIFF G.J. AHERN, CAPT. K. JACKSON,
LT. JAMES, DEPUTY TRACY, and DEPUTY
POSEDEL,

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Defendants.

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/

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After initially failing to timely respond to defendants’ motion to dismiss, pro se plaintiff Walker

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satisfactorily responded to the Court’s order to show cause, and the Court set a new briefing schedule.

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See Docket Nos. 19, 22. However, plaintiff Walker also failed to meet the new briefing schedule, and

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the Court issued a second order to show cause why the case should not be dismissed for failure to

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prosecute. Docket No. 26. In response, Walker explained the difficulties he has had representing

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himself, including the fact that he did not receive copies of all the filed documents. He has asked for

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a continuance of the case until after August 28, 2013, when he will be released from San Quentin State

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Prison, so that he may “properly research his case, retain an attorney, and appear in court out of

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custody.”

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Accordingly, the Court GRANTS plaintiff’s motion for a continuance. It sets the following

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briefing schedule for defendants’ motion to dismiss: Response Due September 27, 2013; Reply Due

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October 4, 2013; Hearing October 18, 2013.

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IT IS SO ORDERED.

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Dated: May 8, 2013

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SUSAN ILLSTON
United States District Judge

United States District Court
For the Northern District of California

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