Rodriguez v. Evans

Filing 65

ORDER: That Plaintiff's Request for Extension of Time to File an Opposition to the Motion for Summary Judgment is GRANTED. Plaintiff's Opposition due no later than (45) forty-five days from the date of this Order. Defendants reply due (15) fifteen-days after Plaintiff's Opposition is filed re 62 , 64 Notice of Change of Signed by Judge Saundra Brown Armstrong, on 4/3/09. (lrc, COURT STAFF) (Filed on 4/6/2009) Modified on 4/7/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. M. S. EVANS, et al.,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSEPH ARTHUR RODRIGUEZ, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. C 05-5068 SBA (PR) ORDER GRANTING EXTENSION OF TIME FOR PLAINTIFF TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

Defendants.

Before the Court are Plaintiff's notices of a change of address, which will be construed as requests for an extension of time in which to file his opposition to Defendants' Motion for Summary Judgment. Plaintiff's opposition was due on March 27, 2009. In his first notice, filed on March 17, 2009, Plaintiff states that he was temporarily transferred to California State Prison - Solano to participate in a Court-ordered settlement conference before Magistrate Judge Nandor Vadas on March 9, 2009. The Court notes that according to the settlement report, Judge Vadas states that this case did not settle and that the parties "agree[d] to an additional follow up settlement to be held within 60 days of summary judgment ruling." (Mar. 25, 2009 Settlement Report at 2.) Upon notifying the Court that he had being transferred to California State Prison - Solano, Plaintiff also adds: I would like to inform the Court . . . all this transfering [sic], is going to have an effect on my behalf to properly replie [sic] to summary judgment if filed by Defendants and is only going to make the issuse [sic] more complex and difficult to research, so I pray the Court gives me enough time to answer back to summary judgment. (Mar. 17, 2009 Notice of Change of Address at 2.) In his second notice, filed on March 26, 2009, Plaintiff states that he has returned to the California Correctional Institution; however, he now claims that he never received a copy of Defendants' Motion for Summary Judgment. (Mar. 26, 2009 Notice of Change of Address at 1.) He further claims that he is "still without legal material and property." (Id.) Plaintiff requests the Court to grant him an extension of time to file his opposition because he has not received a copy of Defendants' Motion for Summary Judgment and because he does not have access to the legal documents he needs to oppose summary judgment. (Id.) Having read and considered Plaintiff's requests, and good cause appearing,

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS HEREBY ORDERED that the Court GRANTS Plaintiff an extension of time to file his opposition to Defendants' Motion for Summary Judgment. The Court directs Defendants to re-serve Plaintiff with a copy of their Motion for Summary Judgment and all attachments thereto no later than seven (7) days from the date of this Order. Defendants shall send the Court a notice showing proof that they have done so within the seven-day deadline. Plaintiff may file his opposition no later than forty-five (45) days from the date of this Order. If Defendants wish to file a reply brief, they shall do so no later than fifteen (15) days after the date Plaintiff's opposition is filed. No further extensions of time will be granted in this case absent exigent circumstances. This Order terminates Docket nos. 62 and 64. IT IS SO ORDERED. DATED:4/3/09

SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RODRIGUEZ, Plaintiff, v. EVANS et al, Defendant. /

Case Number: CV05-05068 SBA CERTIFICATE OF SERVICE

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 6, 2009, 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.

Joseph Arthur Rodriguez K66400 California Correctional Institution P.O. Box 1902 Tehachapi, CA 93581 Dated: April 6, 2009

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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