Moore v. California Department of Corrections et al

Filing 76

ORDER by Judge Saundra Brown Armstrong, GRANTING IN PART AND DENYING IN PART 74 Motion for Extension of Time to File Opposition. Plaintiff's response due 03/13/09; Defendants reply brief due (15) fifteen-days Plaintiff's opposition is filed. (lrc, COURT STAFF) (Filed on 3/4/2009) Modified on 3/5/2009 (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.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JUMAH ALI-THOMAS MOORE, Plaintiff, No. C 06-02105 SBA (PR) ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE AN OPPOSITION (Docket no. 74) /

CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants.

Defendants filed their motion for summary judgment on January 29, 2009. Therefore, based on the scheduling order in the Court's December 9, 2008 Order, the deadline for the filing of Plaintiff's opposition was on or before March 2, 2009. Before the Court is Plaintiff's motion for a thirty-day extension of time to file his opposition. Plaintiff has failed to allege that his failure to file a timely opposition was due to exigent circumstances. Nevertheless, having read and considered Plaintiff's request and the accompanying declaration filed by Plaintiff, the Court finds that a brief extension of time is appropriate. Accordingly, IT IS HEREBY ORDERED that Plaintiff's request for an extension of time to file an opposition to Defendants' motion for summary judgment is GRANTED in part and DENIED in part. The time in which Plaintiff must file his response to Defendants' motion will be extended up to and including March 13, 2009. 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. The motion shall be deemed submitted as of the date the reply brief is due. No hearing will be held on the motion unless the Court so orders at a later date. The Court will resolve the motion for summary judgment in a separate written Order. No further extensions of time will be granted in this case absent exigent circumstances. This Order terminates Docket no. 74. IT IS SO ORDERED. DATED: 3/3/09 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 2 Dated: March 4, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk Jumah Ali-Thomas Moore D-62389 Pelican Bay State Prison P.O. Box 7000 Crescent City, CA 95532 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JUMAH ALI-THOMAS MOORE, Plaintiff, v. M THOMAS et al, Defendant. /

Case Number: CV06-02105 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 March 4, 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.

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