Guy v. Baptista et al

Filing 49

ORDER by Judge James Donato denying 46 Motion for Scheduling Order (lrcS, COURT STAFF) (Filed on 9/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM GUY,

Case No. 12-cv-06301-JD

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Plaintiff,

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ORDER
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v.

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Re: Dkt. No. 46
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W. BAPTISTA, et al.,

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United States District Court
Northern District of California

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Defendants.

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Plaintiff, a state prisoner, proceeds with a civil rights complaint under 42 U.S.C. § 1983.

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On June 30, 2014, defendants filed a motion for summary judgment. Plaintiff has not filed an

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opposition but did file objections. Plaintiff states that he has not had an opportunity to pursue

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discovery therefore summary judgment should be denied. However, in the Court’s June 24, 2013,

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service order plaintiff was informed that discovery could proceed in accordance with the Federal

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Rules of Civil Procedure. Plaintiff has not explained why he failed to pursue discovery in the past

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year, but also states in a declaration that he did receive at least documents from defendants. To the

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extent plaintiff is seeking an extension to pursue more discovery he has not shown good cause.

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Plaintiff may have an additional 21 days from the date of service of his order to file an

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opposition to the motion for summary judgment. Plaintiff’s motion for a scheduling order (Docket

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No. 46) is DENIED.

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IT IS SO ORDERED.
Dated: September 3, 2014
______________________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM GUY,

Case No. 12-cv-06301-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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W. BAPTISTA, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 9/4/2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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William Guy ID: C-53829
Salinas Valley State Prison
P. O. Box 1050
Soledad, CA 93960

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Dated: 9/4/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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