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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 KENNETH JEROME PACKNETT, Case No. 15-cv-01229-YGR (PR) Plaintiff, 7 v. 8 9 FERNAND ALVAREZ, et al., ORDER GRANTING PLAINTIFF HIS SIXTH AND FINAL EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS’ DISPOSITIVE MOTION Defendants. 10 United States District Court Northern District of California 11 Plaintiff Kenneth Jerome Packnett, an indigent prisoner who is currently housed at the 12 California Medical Facility (“CMF”), filed a pro se civil rights action pursuant to 42 U.S.C. 13 § 1983 regarding alleged violations of his federal rights while he was incarcerated at San Quentin 14 State Prison. 15 Defendants have filed a Motion for Summary Judgment and Motion to Dismiss. Dkt. 47. 16 To date, Plaintiff has not filed an opposition even though he has been granted five extensions of 17 time to do so. Dkts. 57, 61, 65, 68, 70. His last opposition deadline of July 21, 2017 has passed. 18 See Dkt. 70 at 2. 19 Before the Court is Plaintiff’s filing entitled, “Notice of Ex Parte Request for Extension of 20 Time Following Hospital Admittance for Cardiac Complications.” Dkt. 71. In this filing, Plaintiff 21 explains that on June 12, 2017, he was hospitalized following “cardiac complications.” Id. at 2. 22 He was discharged on June 15, 2017. Id. He requests another extension of time up to and 23 including August 7, 2017 in which to file his opposition. Id. 24 In light of Plaintiff’s recent hospitalization, the Court finds that Plaintiff may be granted 25 another brief sixth and final extension of time to file his opposition to Defendants’ Motion for 26 Summary Judgment and Motion to Dismiss. The time in which Plaintiff may file his opposition to 27 Defendants’ dispositive motion will be extended up to and including August 7, 2017. Defendants 28 shall file a reply brief no later than fourteen (14) days after the date Plaintiff’s opposition is filed. 1 This is Plaintiff’s final extension, and no further extensions will be granted. 2 This Order terminates Docket No. 71. 3 IT IS SO ORDERED. 4 5 6 Dated: July 24, 2017 ______________________________________ YVONNE GONZALEZ ROGERS United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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