Packnett v. Alvarez et al

Filing 72

ORDER by Judge Yvonne Gonzalez Rogers granting 71 Motion for Extension of Time to File Response/Reply re 47 MOTION for Summary Judgmentand Motion to Dismiss. Responses due by 8/7/2017. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 7/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH JEROME PACKNETT,

Case No. 15-cv-01229-YGR (PR)

Plaintiff,
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v.
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FERNAND ALVAREZ, et al.,

ORDER GRANTING PLAINTIFF HIS
SIXTH AND FINAL EXTENSION OF
TIME TO FILE OPPOSITION TO
DEFENDANTS’ DISPOSITIVE
MOTION

Defendants.
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United States District Court
Northern District of California

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Plaintiff Kenneth Jerome Packnett, an indigent prisoner who is currently housed at the

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California Medical Facility (“CMF”), filed a pro se civil rights action pursuant to 42 U.S.C.

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§ 1983 regarding alleged violations of his federal rights while he was incarcerated at San Quentin

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State Prison.

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Defendants have filed a Motion for Summary Judgment and Motion to Dismiss. Dkt. 47.

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To date, Plaintiff has not filed an opposition even though he has been granted five extensions of

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time to do so. Dkts. 57, 61, 65, 68, 70. His last opposition deadline of July 21, 2017 has passed.

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See Dkt. 70 at 2.

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Before the Court is Plaintiff’s filing entitled, “Notice of Ex Parte Request for Extension of

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Time Following Hospital Admittance for Cardiac Complications.” Dkt. 71. In this filing, Plaintiff

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explains that on June 12, 2017, he was hospitalized following “cardiac complications.” Id. at 2.

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He was discharged on June 15, 2017. Id. He requests another extension of time up to and

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including August 7, 2017 in which to file his opposition. Id.

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In light of Plaintiff’s recent hospitalization, the Court finds that Plaintiff may be granted

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another brief sixth and final extension of time to file his opposition to Defendants’ Motion for

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Summary Judgment and Motion to Dismiss. The time in which Plaintiff may file his opposition to

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Defendants’ dispositive motion will be extended up to and including August 7, 2017. Defendants

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shall file a reply brief no later than fourteen (14) days after the date Plaintiff’s opposition is filed.

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This is Plaintiff’s final extension, and no further extensions will be granted.

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This Order terminates Docket No. 71.

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IT IS SO ORDERED.

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Dated: July 24, 2017
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YVONNE GONZALEZ ROGERS
United States District Judge

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United States District Court
Northern District of California

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