VALE v. FLORIDA DEPARTMENT OF CORRECTIONS et al

Filing 54

ORDER GRANTING 53 SECOND MOTION to Extend Time to Respond to 50 First MOTION to Dismiss by MICHAEL LORD filed by EDWARD J VALE. Pltf given only thirty (30) days to file response. (Internal deadline for referral to judge if response not filed earlier: 3/26/2009).) Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 2/26/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION EDWARD J. VALE, Plaintiff, vs. MICHAEL LORD, et al, Defendants. / CASE NO. 4:07CV283-SPM/AK

ORDER Presently before the Court is Plaintiff's Second Motion to Extend Time to respond to Defendant Michael Lord's Motion to Dismiss, wherein he asks for sixty days (or thirty days minimum) because he is in jail and has no access to his legal files. (Doc. 53). The Court will grant him one more extension of time for thirty days, but unless he has copies of grievances he alleges he filed on the claims he is asserting in this lawsuit or some other proof that he exhausted administrative remedies when previously incarcerated, there is nothing necessary to obtain from his legal files and no need to delay these proceedings further awaiting his response to Defendants Motion to Dismiss for failure to exhaust administrative remedies. (See Doc. 50). Accordingly, it is ORDERED:

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Plaintiff's Second Motion to extend time (doc. 53) is GRANTED, but only for thirty days. Plaintiff shall file his response to the pending motion to dismiss on or before March 26, 2009. DONE AND ORDERED on this the 26th day of February, 2009.

s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE