Burnett v. Frayne et al

Filing 66

ORDER by Judge ARMSTRONG granting in part and denying in part 63 Motion to Stay (lrc, COURT STAFF) (Filed on 1/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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v.
DEPUTY FRAYNE, et al.,
Defendants.

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On May 4, 2011, Defendants filed their motion for summary judgment. Plaintiff's opposition

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For the Northern District of California

United States District Court

ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF'S
FIFTH REQUEST FOR EXTENSION OF
TIME TO FILE OPPOSITION TO
DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT

Plaintiff,

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No. C 09-04693 SBA (PR)

OMARR L. BURNETT,

to Defendants' motion for summary judgment was due on December 30, 2011; therefore, it is

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currently overdue.

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Before the Court is Plaintiff's "Motion to Stay" (docket no. 63), in which he requests a "stay
in proceedings" because he is
without a Professional Attorney needed to meaningfully represent his claims, the
SVSP's law library is woefully deficient, Plaintiff is a lay person without any
formal civil training in Civil law, that Plaintiff is going home on February 12[,]
2012 etc; and that in the interests of justice the action should be heard and granted.
(Pl.'s Mot. to Stay at 1.)
The Court notes that Plaintiff has already received previous extensions of time to file his

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opposition to the motion for summary judgment. The original deadline for his opposition was July

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5, 2011, but it was extended to August 15, 2011 when the Court granted Plaintiff's second request

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for an extension.1 On August 25, 2011, Plaintiff's third request for an extension was also granted,

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and he was given until September 30, 2011 to file an opposition. Finally, Plaintiff's fourth request

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for an extension was granted, and, as mentioned above, he was given until December 30, 2011 to file

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an opposition. Therefore, Plaintiff has already received one hundred forty-seven (147) additional

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The Court notes that Plaintiff's first request indicated that the deadline to file his opposition
was on "June 7, 2011"; therefore, he had requested an extension up to and including "July 4, 2011."
(June 5, 2011 Req. for EOT at 1.) The Court granted his request in an Order dated June 13, 2011.
However, the Court notes that Plaintiff's opposition was actually due on July 5, 2011, sixty days after
the motion for summary judgment was filed. Therefore, Plaintiff's first extension request was not
necessary.

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days to file his opposition. Nevertheless, the Court finds that another very brief extension of time is

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appropriate; however, a "stay of proceedings," as Plaintiff requests will not be granted. Instead, the

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Court construes his motion as a fifth request for an extension of time to file his opposition to

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Defendants' motion for summary judgment after his release date on February 12, 2012.

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Accordingly, Plaintiff's fifth request for an extension of time to file his opposition to Defendants'

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motion for summary judgment is GRANTED in part and DENIED in part. Plaintiff must file his

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opposition no later than February 3, 2012. Defendants' reply to the opposition must be filed no

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later than February 29, 2012. This is the final extension that will be given to Plaintiff, and no

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further extensions of time will be granted in this case.
This Order terminates Docket no. 63.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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DATED: 1/27/12
SAUNDRA BROWN ARMSTRONG
United States District Judge

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P:\PRO-SE\SBA\CR.09\Burnett4693.grantIPdenyIP5thEOT-Oppn.wpd

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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OMARR L. BURNETT,

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Plaintiff,

CERTIFICATE OF SERVICE

v.
FRAYNE et al,
Defendant.

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For the Northern District of California

United States District Court

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Case Number: CV09-04693 SBA

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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 January 30, 2012, 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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O’Marr L. Burnett F-26842
Salinas Valley State Prison
P.O. Box 1050
Soledad, CA 93960-1050
Dated: January 30, 2012
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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P:\PRO-SE\SBA\CR.09\Burnett4693.grantIPdenyIP5thEOT-Oppn.wpd

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