Abbott v. Tootell et al

Filing 47

ORDER DIRECTING NUNC PRO TUNC FILING OF PLAINTIFF'S MOTION TO CHANGE TIME TO FILE AN OPPOSITION TO MOTION TO DISMISS; ORDER GRANTING MOTION TO CHANGE TIME. Signed by Judge Lucy H. Koh on 7/19/12. (Attachments: # 1 cert of service)(mpb, COURT STAFF) (Filed on 7/20/2012)

1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
JOE ABBOTT,
8
Plaintiff,
9
v.
10
DOCTOR E. TOOTELL, et al.,
11
Defendants.
12
13

)
)
)
)
)
)
)
)
)
)

No. C 11-0183 LHK (PR)
ORDER DIRECTING NUNC PRO
TUNC FILING OF PLAINTIFF’S
MOTION TO CHANGE TIME TO
FILE AN OPPOSITION TO MOTION
TO DISMISS; ORDER GRANTING
MOTION TO CHANGE TIME

Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint

14

pursuant to 42 U.S.C. § 1983 challenging the conditions of his confinement at San Quentin State

15

Prison. (Docket No. 35.) On April 23, 2012, Defendants filed a motion to dismiss Plaintiff’s

16

amended complaint. (Docket No. 42.) Plaintiff’s opposition was to be filed by May 23, 2012.

17

On June 15, 2012, Defendants filed a statement of non-opposition to Plaintiff’s request for an

18

extension of time to file an opposition to motion to dismiss.1 (Docket No. 45.) Good cause

19

having been shown, Plaintiff’s motion to change time to file an opposition is GRANTED.

20

Plaintiff shall file an opposition no later than September 24, 2012. Defendants’ reply shall be

21

filed within 15 days thereafter.

22

IT IS SO ORDERED.

23
24

DATED:

7/19/12

LUCY H. KOH
United States District Judge

25
26
27
28

1

Plaintiff's motion to change time to file an opposition to motion to dismiss was not
received by the Court until June 21, 2012. The Clerk of the Court shall file Plaintiff’s motion
nunc pro tunc on May 9, 2012, the date of service on Defendants' counsel.
Order Directing Nunc Pro Tunc Filing on May 9, 2012, of Plaintiff’s Motion to Change Time
to File Opp.; Order Granting Motion to Change Time
G:\PRO-SE\SJ.LHK\CR.11\Abbott183NPTfiling_EOTgrant.wpd