Roby v. Stewart et al

Filing 62

ORDER GRANTING MOTION FOR CONTINUANCE TO FILE OPPOSITION; SCHEDULING BRIEFING ON DEFENDANTS' MOTION TO DISMISS re 61 . Signed by Judge Jeremy Fogel on 7/28/11. (dlm, COURT STAFF) (Filed on 7/29/2011)

1
2
3
4
5
6
7
8

NOT FOR CITATION

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11
12

KEVIN ROBY,
Plaintiff,

13
14

vs.

15

T. STEWART, et al.,
16

Defendants.
17

)
)
)
)
)
)
)
)
)
)
)
)

No. C 08-01113 JF (PR)
ORDER GRANTING MOTION FOR
CONTINUANCE TO FILE
OPPOSITION; SCHEDULING
BRIEFING ON DEFENDANTS’
MOTION TO DISMISS

(Docket No. 61)

18
19

Plaintiff, a California prisoner incarcerated at Pelican Bay State Prison (“PBSP”)

20

and proceeding pro se, filed the instant civil rights action pursuant to 42 U.S.C. § 1983

21

against California state prison officials. Defendants filed a motion to dismiss on the

22

grounds that Plaintiff’s claims are time-barred. (Docket No. 42.) Defendants also filed a

23

motion to stay discovery (Docket No. 45) until the Court had ruled on their motion to

24

dismiss. The Court granted the stay in part, and allowed Plaintiff an opportunity to

25

submit a limited discovery request within twenty days of the order. (Docket No. 60.)

26

Briefing on Defendants’ motion to dismiss was stayed pending resolution of Plaintiff’s

27

discovery requests. (Id.)

28

Plaintiff has filed a “notice of continuance on Plaintiff’s opposition to Defendants’
Order Granting EOT; Briefing Schedule
P:\PRO-SE\SJ.JF\CR.08\Roby113_eot-oppo.wpd

1

1

motion to dismiss” wherein he states that he “no longer requires discovery at this time.”

2

(Docket No. 61.) He requests a 30-day extension of time to file an opposition to

3

Defendants’ motion to dismiss. (Id.) The motion is GRANTED.

4

CONCLUSION

5
6

For the foregoing reasons, the Court orders as follows:

7

1.

Plaintiff’s motion for a continuance to file an opposition (Docket No. 61) is

8

GRANTED. Plaintiff’s opposition to Defendants’ motion to dismiss shall be filed with

9

the Court and served on Defendants no later than thirty (30) days from the date this

10
11
12
13
14

order is filed.
2.

Defendants shall file a reply brief no later than fifteen (15) days after

Plaintiff’s opposition is filed.
3.

All other provisions of the Court’s “Order after Remand Opening Case”

(Docket No. 39) shall remain in effect.

15

This order terminates Docket No. 61.

16

IT IS SO ORDERED.

17

DATED: 7/28/11
JEREMY FOGEL
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
Order Granting EOT; Briefing Schedule
P:\PRO-SE\SJ.JF\CR.08\Roby113_eot-oppo.wpd

2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

KEVIN G. ROBY,

Case Number: CV08-01113 JF

Plaintiff,

CERTIFICATE OF SERVICE

v.
T. STEWART, et al.,
Defendants.

/

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 7/29/11
, 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.

Kevin G. Roby D-93298
Pelican Bay State Prison
P.O. Box 7500
A5-218-PBSP
Crescent City, CA 95532
Dated:

7/29/11
Richard W. Wieking, Clerk