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)

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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

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