Smalley v. Gamache et al

Filing 97

MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that plaintiffs motion to dismiss [#89] is denied. IT IS FURTHER ORDERED that defendants shall file their motion for summary judgment by November 2, 2012. Plaintiffs opposition to summary judgment shall be filed by December 3, 2012, and defendants reply brief may be filed by December 14, 2012. Plaintiff is specifically warned that if he fails to timely respond to defendants motion for summary judgment, then the Court will proceed to rule the summary judgment motion without any additional notice being given to plaintiff. IT IS FURTHER ORDERED that plaintiffs motion for an extension of time [#96] is denied as moot. Signed by District Judge Rodney W. Sippel on 10/15/2012. (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 the Court on plaintiff’s motion for an extension of time. Plaintiff
was granted until September 28, 2012 to advise this Court whether he still intended to dismiss
his case since it would be conditioned upon payment of $1,440.00 should he ever refile it.
Plaintiff did not timely respond. Now before me is a document entitled a “motion for extension
of time.” Plaintiff claims he needs an extension of time so that he can file a writ of mandamus
with the Court of Appeals. The Court can only construe this request as one to continue his case
rather than dismiss it.
Therefore,
IT IS HEREBY ORDERED that plaintiff’s motion to dismiss [#89] is denied.
IT IS FURTHER ORDERED that defendants shall file their motion for summary
judgment by November 2, 2012. Plaintiff’s opposition to summary judgment shall be filed by
December 3, 2012, and defendants’ reply brief may be filed by December 14, 2012. Plaintiff is
specifically warned that if he fails to timely respond to defendants’ motion for summary
judgment, then the Court will proceed to rule the summary judgment motion without any
additional notice being given to plaintiff.

IT IS FURTHER ORDERED that plaintiff’s motion for an extension of time [#96] is
denied as moot.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 15th day of October, 2012.

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