Hall v. Hedgpeth et al

Filing 82

**E-FILING ERROR - SEE DOCKET NO. 84** ORDER by Judge Ronald M. Whyte Granting in Part and Denying in Part 38 Motion for Summary Judgment ; Denying 68 Request for Extension of Time; Referring to Pro Se Settlement Program. Case is Referred to Magistrate Vadas for Settlement Conference. (jg, COURT STAFF) (Filed on 5/4/2011) Modified on 5/4/2011 (jg, COURT STAFF).

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*E-FILED - 9/16/10*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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RICHARD B. HALL,

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Plaintiff,

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ORDER ADDRESSING PENDING
MOTIONS

v.
ANTHONY HEDGPETH, et al.,
Defendants.
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No. C 09-5935 RMW (PR)

(Docket Nos. 30, 34, 37, 57)

Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983

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against prison officials. Before the court is plaintiff’s motions for default judgment; motion for

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continuance and defendants’ motion for extension of time to file their dispositive motion.

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On July 15, 2010, plaintiff filed motion for entry of default and a motion for default

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judgment against defendants (docket nos. 34, 37) stating that defendants failed to respond to the

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court’s February 9, 2010, order of service. Defendants filed a motion for extension of time on July

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9, 2010. (Docket no. 30.)

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Since defendants filed their motion for extension of time in a timely manner, subsequently

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filed their dispositive motion on July 23, 2010, and no party appears prejudiced, defendants’ motion

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for extension of time (docket no. 30) is GRANTED. On August 6, 2010, plaintiff filed a motion for

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an order of continuance. (Docket no. 57.) The court GRANTS plaintiff’s motion for continuance.

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Order Addressing Pending Motions
P:\PRO-SE\SJ.Rmw\CR.09\Hall935PendingMtns.wpd

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Plaintiff’s opposition to the dispositive motion shall be due no later than forty-five (45) days from

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the filing date of this order. If defendants wish to file a reply brief, they shall do so no later than

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fifteen (15) days after the date plaintiff’s opposition is filed.

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This order terminates docket nos. 30, 34, 37, 57.

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IT IS SO ORDERED.

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9/16/10
Dated: __________________

_________________________
RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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Order Addressing Pending Motions
P:\PRO-SE\SJ.Rmw\CR.09\Hall935PendingMtns.wpd

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