Hardaway v. Franco

Filing 49

ORDER by Judge Ronald M. Whyte Denying 44 Motion for Extension of Time to File Opposition. (jgS, COURT STAFF) (Filed on 2/11/2015)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 SONNY RAY HARDAWAY, 11 12 13 Plaintiff, v. Y. FRANCO, 14 Defendant. ) ) ) ) ) ) ) ) ) ) No. C 12-5885 RMW (PR) ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION (Docket No. 44) 15 16 Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint 17 pursuant to 42 U.S.C. § 1983. On October 20, 2014, defendant filed a motion for summary 18 judgment. (Docket No. 35.) After receiving an extension of time, plaintiff filed a opposition on 19 January 5, 2015. (Docket No. 47.) Defendant has filed a reply. (Docket No. 48.) 20 Pending before this court is a motion filed by plaintiff on December 16, 2014, requesting 21 an extension of time to file an opposition to defendant’s motion for summary judgement. 22 (Docket No. 44.) Given the timely filing of plaintiff’s opposition, plaintiff’s motion is DENIED 23 as moot. 24 This order terminates docket number 44. 25 IT IS SO ORDERED. 26 27 DATED: RONALD M. WHYTE United States District Judge 28 Order Denying Motion for Extension of Time to file Opposition P:\PRO-SE\RMW\CR.12\Hardaway885eot-opp-moot.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SONNY RAY HARDAWAY, Case Number: CV12-05885 RMW Plaintiff, CERTIFICATE OF SERVICE v. Y. FRANCO 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 February 11, 2015, 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 Salinas Valley State Prison B2-217 PO Box 1050 Soledad, CA 93960 Dated: February 11, 2015 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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