Walker v. Freitas et al

Filing 42

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 38 Motion for Extension of Time to File. (ahm, COURT STAFF) (Filed on 4/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALVIN F. WALKER,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 15-cv-03637-JSC

ORDER DENYING IN PART AND
GRANTING IN PART
EXTENSION OF TIME

E. SOTO, et al.,
Defendants.

Re: Dkt. No. 38

Plaintiff, a California prisoner proceeding pro se, has filed a motion for a 90-day extension

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of time in which to file a second amended complaint. He states that he needs the additional time

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to conduct discovery, oppose Defendants’ motion for summary judgment, and to amend the

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complaint a second time. The Court has not granted Plaintiff permission to file a second amended

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complaint and thus there is no deadline for doing so. Nor has Plaintiff indicated how he wishes to

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amend the first amended complaint. If Plaintiff wishes to file a second amended complaint, he

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must file a motion for leave to do so with the proposed second amended complaint attached to the

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motion as an exhibit. The motion for an extension of time to file a second amended complaint is

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therefore DENIED.

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Good cause appearing, however, Plaintiff is GRANTED an extension of time, to and

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including June 13, 2016, in which to file an opposition to the motion for summary judgment.

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Defendants shall file a reply brief within 14 days of the date the opposition is filed.

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IT IS SO ORDERED.
Dated: April 22, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALVIN F. WALKER,

Case No. 15-cv-03637-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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E. SOTO, 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 April 22, 2016, 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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Alvin F. Walker ID: AX 8397
1411 Starr Court
Fairfield, CA 94533

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Dated: April 22, 2016

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Susan Y. Soong
Clerk, United States District Court
By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY

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