Wilkins v. Alameda County Sheriff's Office et al

Filing 139

ORDER by Judge Yvonne Gonzalez Rogers granting 137 Plaintiff his Third and Final Extension of Time to File Opposition to 124 Defendants' Second MOTION for Summary Judgment. Responses due by 8/20/2018. Replies due by 9/3/2018. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/9/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUDY WILKINS,

Case No. 15-cv-01706-YGR (PR)

Plaintiff,
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v.
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MARIA MAGAT, et al.,

ORDER GRANTING PLAINTIFF HIS
THIRD AND FINAL EXTENSION OF
TIME TO FILE OPPOSITION TO
DEFENDANTS’ SECOND MOTION
FOR SUMMARY JUDGMENT

Defendants.
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Plaintiff Rudy Wilkins, a state prisoner who is currently housed at San Quentin State
Prison (“SQSP”), filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 regarding alleged

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United States District Court
Northern District of California

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violations of his federal rights.

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In December 2016, Defendants initially moved for summary judgment, which Plaintiff

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opposed. See Dkts. 65, 75. The Court denied the motion for summary judgment without

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prejudice while discovery disputes were being resolved. Dkt. 94. On May 9, 2018, Defendants

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filed their second motion for summary judgment. Dkt. 124. Plaintiff’s opposition was due no

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later than June 6, 2018. See Dkt. 117 at 7. On June 11, 2018, Plaintiff moved for an extension of

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time to file his opposition, citing health issues. Dkt. 133. The Court granted a 35-day extension,

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allowing him to file an opposition no later than July 11, 2018. Dkt. 134. On July 5, 2018,

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Plaintiff moved for a second extension of time, claiming that he had no law library access due to a

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“[m]odified program, shutdown” at SQSP. Dkt. 135. The Court extended the deadline to July 31,

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2018 and ordered that no further extensions would be granted “absent extraordinary

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circumstances.” Dkt. 136. According to Plaintiff, the aforementioned “modified lockdown”

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ended on July 17, 2018. Dkt. 137 at 1.

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To date, Plaintiff has not filed an opposition even though, as mentioned above, he has been

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granted two extensions of time to do so. See Dkts. 134, 136. His last opposition deadline of July

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31, 2018 has passed. See Dkt. 136 at 1.

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Before the Court is Plaintiff’s request for a third extension of time in which to file his
opposition to Defendants’ second motion for summary judgment. Dkt. 137. Plaintiff explains

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that, as of July 30, 2018, the prison was placed on “modified program for two days” due to

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“several violent assault incidents [of] inmates attacking . . . each other” in his dorm. Id. at 1-2.

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Plaintiff also claims his law library access has been limited since June 28, 2018. Id. at 2.

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He requests another extension of time up to and including August 20, 2018 in which to file his

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opposition. Id. Defendants oppose Plaintiff’s request. Dkt. 138.

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The Court finds that Plaintiff may be granted another brief third and final extension of time

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to file his opposition to Defendants’ second motion for summary judgment. The time in which

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Plaintiff may file his opposition to Defendants’ dispositive motion will be extended up to and

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including August 20, 2018. Defendants shall file a reply brief no later than fourteen (14) days

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after the date Plaintiff’s opposition is filed.

United States District Court
Northern District of California

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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. 137.

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IT IS SO ORDERED.

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Dated: August 9, 2018

______________________________________
YVONNE GONZALEZ ROGERS
United States District Judge

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