Smalley v. Gamache et al

Filing 105

MEMORANDUM AND ORDER re: 103 MOTION for Extension of Time to File Response/Reply filed by Plaintiff James H. Smalley motion is DENIED AS MOOT. Signed by District Judge Rodney W. Sippel on 1/24/2013. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES SMALLEY,
Plaintiff,
vs.
MICHAEL GAMACHE, et al.,
Defendants.

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Case No. 4:10CV319 RWS

MEMORANDUM AND ORDER
This matter is before me on a letter plaintiff sent to the Clerk of Court requesting
additional time to respond to defendants’ motion for summary judgment. However, this letter
includes plaintiff’s response to the motion for summary judgment. These materials are postmarked on January 17, 2013, and therefore are timely received by the Court under the prison
mailbox rule. For this reason, plaintiff’s request for additional time to respond will be denied as
moot.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of the Court shall docket plaintiff’s letter as
a motion for extension of time, which shall be denied as moot.
IT IS FURTHER ORDERED that the Clerk of the Court shall docket plaintiff’s
opposition to summary judgment.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 24th day of January, 2013.