Smith et al v. Woodford et al

Filing 124

ORDER Granting Extension of Time to File Supplemental Opposition. Signed by Judge Ronald M. Whyte on 3/5/12. (jg, COURT STAFF) (Filed on 3/6/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FLOYD SMITH,

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Plaintiff,
v.
J.S. WOODFORD, et al.,
Defendants.

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No. C 04-4793 RMW (PR)
ORDER GRANTING
EXTENSION OF TIME TO FILE
SUPPLEMENTAL OPPOSITION

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Plaintiff, a state prisoner proceeding pro se and confined at San Quentin State Prison,
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filed a second amended civil rights complaint (“SAC”) pursuant to 42 U.S.C. § 1983. Plaintiff
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claims that defendants discriminated against him based on his sexual orientation, in violation of
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the Equal Protection Clause. Defendants have filed a motion for summary judgment. Plaintiff
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has filed an opposition, and defendants have filed their reply.
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However, prior to filing his opposition, plaintiff filed an objection to the defendants’
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motion for summary judgment. In that objection, plaintiff alleged that he never received the
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court’s January 27, 2011 order of service. In light of plaintiff’s assertion, and a general chrono
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submitted by plaintiff from a correctional officer (Opp. at 6) stating that no mail from the
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Northern District Court was received for plaintiff from January 25, 2011 through April 27, 2011,
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the court will send plaintiff another copy of the January 27, 2011 order of service.
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Further, the court sua sponte grants plaintiff thirty (30) days from the filing date of this
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Order Granting Extension of Time to File Supplemental Opposition
G:\PRO-SE\SJ.Rmw\CR old\CR.04\Smith793misc.wpd

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order to file a supplemental opposition. If defendants wish to file a supplemental reply, they

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shall do so within fifteen days thereafter. At that time, the motion for summary judgment will be

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deemed submitted and ready for consideration.

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order Granting Extension of Time to File Supplemental Opposition
G:\PRO-SE\SJ.Rmw\CR old\CR.04\Smith793misc.wpd 2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

SMITH et al,

Case Number: CV04-04793 RMW
Plaintiff,

CERTIFICATE OF SERVICE

v.
WOODFORD et al,
Defendant.

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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 March 6, 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.

Floyd Smith K-72700
San Quentin State Prison
San Quentin, CA 94974
Dated: March 6, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk