Quillinan v. Ainsworth et al

Filing 71

ORDER by Judge Kandis A. Westmore denying Plaintiff's 55 Administrative Motion requesting an extension of time to file a declaration in support of his opposition to the motions to dismiss. (kawlc1, COURT STAFF) (Filed on 9/15/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEVIN DANIEL QUILLINAN, Plaintiff, 8 v. 9 10 RUSSELL AINSWORTH, et al., ORDER DENYING PLAINTIFF'S THIRD ADMINISTRATIVE MOTION FOR RELIEF Re: Dkt. No. 55 Defendants. 11 United States District Court Northern District of California Case No. 4:17-cv-00077-KAW 12 On August 25, 2017, Plaintiff filed a third administrative motion for an extension of time 13 to file a declaration in support of his consolidated opposition to the pending motions to dismiss. 14 (Pl.’s Mot., Dkt. No. 55.)1 Plaintiff stated that he needed more time to attach evidence in support 15 of his opposition, including emails and other communications with Defendants, which showed that 16 the eviction was illegal and in retaliation for other conduct. Id. at 1-2. The Court does not 17 generally consider this type of outside evidence in deciding a motion to dismiss. Rather, a motion 18 to dismiss is decided based on the sufficiency of the allegations in the operative complaint. 19 Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). Accordingly, the Court DENIES Plaintiff’s administrative motion for an extension of time 20 21 to file a supporting declaration. 22 23 IT IS SO ORDERED. Dated: September 15, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 24 25 26 1 27 28 Plaintiff is reminded that he is required to lodge hard copies of all electronically-filed documents with chambers in accordance with Civil L.R. 5-1(e)(7). Pursuant to the undersigned’s standing order, all chambers copies must have the running ECF header, which includes the docket number. (Judge Westmore’s General Standing Order ¶ 4.)

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