Hardaway v. Chavez-Epperson et al

Filing 37

ORDER by Judge Ronald M. Whyte Denying 25 Motion for Extension of Time; Denying Request for Entry of Default. (jgS, COURT STAFF) (Filed on 10/23/2013)

1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11
SONNY RAY HARDAWAY,
12
Plaintiff,
13
v.
14
M,. CHAVEZ-EPPERSON, et al.,
15
Defendants.
16
17

)
)
)
)
)
)
)
)
)
)

No. C 12-5459 RMW (PR)
ORDER DENYING MOTION
FOR EXTENSION OF TIME;
DENYING REQUEST FOR
ENTRY OF DEFAULT

(Docket No. 25)

Plaintiff, a California state prisoner, filed a pro se civil rights complaint pursuant to 42

18

U.S.C. § 1983. The court granted plaintiff permission to proceed in forma pauperis (“IFP”) and

19

issued an order of service directing defendants to file a dispositive motion. Defendants filed a

20

motion to revoke plaintiff’s IFP status and dismiss the case. Plaintiff filed an opposition, and

21

defendants filed a reply. Plaintiff has filed a motion for an extension of time to file a “motion

22

against defendants’ motion.” (Docket No. 25.) Plaintiff has also filed a request for an entry of

23

default against defendant L. Matsuno. (Docket No. 27.)

24

Plaintiff’s motion for an extension of time is DENIED. Defendants’ motion to revoke

25

plaintiff’s IFP status has been fully briefed and no further briefing is currently due. Plaintiff’s

26

request for an entry of default against Defendant L. Matsuno is DENIED. Defendant L.

27

Matsuno filed a timely answer on May 31, 2013.

28

//
Order Denying Mot. for EOT; Req. for Default
G:\PRO-SE\RMW\CR.12\Hardaway459deny-misc.wpd

1

This order terminates docket number 25.

2

IT IS SO ORDERED.

3
4
5

DATED:
RONALD M. WHYTE
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Denying Mot. for EOT; Req. for Default
G:\PRO-SE\RMW\CR.12\Hardaway459deny-misc.wpd

2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

SONNY RAY HARDAWAY,

Case Number: CV12-05459 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
M.CHAVEZ-EPPERSON et al,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 23, 2013, 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.

Sonny Ray Hardaway P-45579
Kern Valley State Prison
PO Box 5102
134-101
Delano, CA 93216
Dated: October 23, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk