Villasenor v. Cate

Filing 31

ORDER by Judge Lucy H. Koh granting 30 Motion for Extension of Time to File Response/Reply re 30 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss Responses due by 1/2/2013. (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 12/4/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FRANCISCO VILLASENOR,
Plaintiff,

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vs.
MATTHEW CATE,
Defendant.

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No. C 11-3662 LHK (PR)
ORDER GRANTING PLAINTIFF’S
MOTION FOR EXTENSION OF TIME
TO FILE OPPOSITION

(Docket No. 30)

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

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against Defendant Matthew Cate, alleging that he was deliberately indifferent to Plaintiff’s

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serious medical needs. Defendant filed an motion to dismiss for failure to exhaust. On May 11,

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2012, the Court granted Defendant’s unopposed motion to dismiss. On June 7, 2012, Plaintiff

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filed a motion for reconsideration, alleging that he had been housed in administrative segregation

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and had no ability to contact this Court. The Court granted Plaintiff’s motion for

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reconsideration, re-opened this action, and ordered him to file an opposition to Defendant’s

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motion to dismiss within 28 days. On August 12, 2012, after having received no further

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communication from Plaintiff, the Court again dismissed the action. Plaintiff then filed a second

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motion for reconsideration along with supporting documentation indicating that he mailed an

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opposition to the Court on July 18, 2012. On October 22, 2012, the Court granted Plaintiff’s

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Order Granting Plaintiff’s Motion for Extension of Time to File Opposition
Villasenor662eot-opp-final.wpd

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motion for reconsideration and instructed Plaintiff to file an opposition no later than November

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19, 2012.

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On November 9, Plaintiff filed a motion for extension of time to file an opposition. (Doc.

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No. 30.) Petitioner indicates that he has limited access to the law library and that his copy of

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Defendant’s motion to dismiss was inadvertently taken during a search of his area. (Doc. No.

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30.) Plaintiff motion is GRANTED. Plaintiff shall file an opposition within twenty-eight (28)

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days of the filing date of this order.

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Given the fact that this Court has granted two motions for reconsideration to allow

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Plaintiff to file an opposition which he implied had been drafted and mailed several months ago,

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Plaintiff is advised that no further extensions of time are contemplated. Plaintiff is further

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advised that failure to file a opposition within the time allowed will result in dismissal of

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this action for the reasons stated in this Court’s May 11, 2012 order.

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IT IS SO ORDERED.
DATED:

12/4/12
LUCY H. KOH
United States District Judge

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Order Granting Plaintiff’s Motion for Extension of Time to File Opposition
Villasenor662eot-opp-final.wpd

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