Lyons v. Dubois et al

Filing 48

Judge Rya W. Zobel: Memorandum and ORDER entered granting 40 Motion for Extension of Time to File; denying 30 Motion to refer to Mag. Judge, Plaintiff has 21 days of the date of this order to file an opposition. (Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 10-11306-RWZ

THOMAS LYONS
v.
MARC DUBOIS, et al.

MEMORANDUM AND ORDER
June 14, 2011
ZOBEL, D.J.
Plaintiff Thomas Lyons, an inmate confined to the Old Colony Correctional
Center in Bridgewater, Massachusetts, initiated this action, pro se, by filing a complaint
against Marc Dubois, a correction officer, and Harold Clarke, the former Commissioner
of Correction. In accordance with this court’s Scheduling Order setting a deadline for
motions to be filed (Docket # 20), defendants moved for judgment on the pleadings
(Docket # 37) on April 1, 2011, asserting that the complaint is legally insufficient
pursuant to Fed. R. Civ. P. 12(c).
This court’s Scheduling Order also set May 6, 2011, as the deadline to file
oppositions. Instead of filing an opposition to defendants’ motion, on May 18, 2011,
plaintiff filed a motion to enlarge time so that he might file a motion for summary
judgment (Docket # 40). Summary judgment is premature since there is as yet no
factual record. Plaintiff cannot show that no material facts are at issue and that he is
entitled to judgment as a matter of law under Fed. R. Civ. P. 56(c)(2).

Plaintiff’s motion for summary judgment is denied, and plaintiff is granted an
enlargement of time to file his opposition to defendants’ motion for judgment on the
pleadings. He shall file this opposition within 21 days of the date of this Order; in
default thereof, the complaint will be dismissed.
All other pending motions, Docket ## 25, 33, 34, 40, 41, 42, 43, and 44 are
stayed pending decision on defendants’ motion for judgment on the pleadings.
Plaintiff’s motion to refer the issue of default to a magistrate judge (Docket # 30) is
denied.

June 14, 2011
DATE

/s/Rya W. Zobel
RYA W. ZOBEL
UNITED STATES DISTRICT JUDGE

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