Hemsley v. Lunger et al

Filing 42

ORDER by Judge Lucy H. Koh denying as moot 27 Motion extension of time (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 7/29/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN A. HEMSLEY,

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Plaintiff,
v.
OFFICER LUNGER,

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Defendant.

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No. C 09-6002 LHK (PR)
ORDER DENYING
DEFENDANT’S MOTION FOR
EXTENSION OF TIME AS
MOOT

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Plaintiff, a state prisoner, filed the instant pro se prisoner second amended complaint

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under 42 U.S.C. § 1983. On July 1, 2011, Defendant filed a request to modify the Court’s order

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of service directing him to file a dispositive motion by July 13, 2011. The Court construes

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Defendant’s request as a motion for extension of time. However, Defendant filed a timely

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motion for summary judgment on July 12, 2011. Accordingly, Defendant’s motion is denied as

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moot.

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This order terminates docket no. 27.

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IT IS SO ORDERED.

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DATED:

7/29/11
LUCY H. KOH
United States District Judge

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Order Denying Defendant’s Motion for Extension of Time as Moot
P:\PRO-SE\SJ.LHK\CR.09\Hemsley002-Defendant-eot.wpd