Vasquez v. Jacquez et al

Filing 43

ORDER Denying 41 Motion for Extension of Time to File Response/Reply. Signed by Judge Edward J. Davila on 7/6/2011. (ecg, COURT STAFF) (Filed on 7/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ANTONIO VASQUEZ,
Plaintiff,

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vs.

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FRANCISCO JACQUEZ, et al.,
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Defendants.
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No. C 09-03120 EJD (PR)
ORDER DENYING MOTION FOR
EXTENSION OF TIME TO FILE
OPPOSITION

(Docket No. 41)

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Plaintiff, a California prisoner proceeding pro se, filed the instant civil rights

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action pursuant to 42 U.S.C. § 1983. On March 18, 2011, Defendants filed a motion

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for summary judgment. (Docket No. 36.) According to the Court’s Order of

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Service, Plaintiff’s opposition was to be filed with the Court no later than forty-five

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days from the date Defendants’ motion was filed, i.e., no later than May 2, 2011.

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(See Docket No. 11 at 4.)

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On June 24, 2011, well after the deadline for filing the opposition had passed,

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Plaintiff filed a motion for extension of time to file opposition, which was signed on

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June 19, 2011. (Docket No. 41.) Plaintiff states in the motion that he has been

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unsuccessfully seeking an “Olsen Review” to review his gang validation records.

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Plaintiff was advised in the Court’s Order of Service that “Extensions of time
Order Denying Motion for Ext. Of Time
P:\PRO-SE\SJ.EJD\CR.09\Vasquez03120_eot-deny.wpd

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must be filed no later than the deadline sought to be extended and must be

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accompanied by a showing of good cause.” (Docket No. 11 at 5.) Here, not only is

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Plaintiff’s motion untimely, but he has failed to show good cause for his failure to

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file a timely motion for extension of time. Accordingly, Plaintiff’s motion for an

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extension of time is DENIED. Defendants’ motion for summary judgment was

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deemed submitted as of May 2, 2011, when Plaintiff’s opposition was due.

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This order terminates Docket No. 41.

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DATED: July 6, 2011
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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Order Denying Motion for Ext. Of Time
P:\PRO-SE\SJ.EJD\CR.09\Vasquez03120_eot-deny.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ANTONIO VASQUEZ,

Case Number: CV09-03120 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
FRANCISCO JACQUEZ, 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.
7/6/2011

That on
, 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.

Antonio Vasquez K-60575
Pelican Bay State Prison
P. O. Box 7500
Crescent city, Ca 95531
Dated:

7/6/2011
/s/

Richard W. Wieking, Clerk
By: Elizabeth Garcia, Deputy Clerk