Downing v. Graves et al

Filing 84

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 82 plaintiff's motion to extend time be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that plaintiff shall have through 3/8/17, to submit his reply. IT IS FURTHER ORDERED that plaintiff's 12/27/16, motion to extend time 81 be, and the same hereby is, DISMISSED as moot. Signed by Judge James C. Mahan on 2/10/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 CURTIS L. DOWNING, 8 9 10 Case No. 2:12-CV-332 JCM (CWH) Plaintiff(s), ORDER v. JOHNNIE GRAVES, et al., 11 Defendant(s). 12 13 Presently before the court is pro se plaintiff Curtis Downing’s second motion to extend 14 time to submit a reply in support of his motion for relief from judgment. (ECF No. 82). Defendants 15 16 17 18 have submitted a notice of non-opposition to plaintiff’s motion. (ECF No. 83). Plaintiff indicates that he has been unable to conduct computer research because of logistical difficulties with the Southern Desert Correctional Center’s law library, although he has submitted requests for access and “narrowed down the direction of his needed research.” (ECF No. 82 at 4). As a result, this court finds that plaintiff has demonstrated excusable neglect. See Fed. R. Civ. P. 6(b)(1)(B). 19 Accordingly, 20 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion to 21 22 23 24 25 extend time (ECF No. 82) be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that plaintiff shall have through March 8th, 2017, to submit his reply. IT IS FURTHER ORDERED that plaintiff’s December 27, 2016, motion to extend time (ECF No. 81) be, and the same hereby is, DISMISSED as moot. DATED February 10, 2017. 26 27 28 James C. Mahan U.S. District Judge __________________________________________ UNITED STATES DISTRICT JUDGE

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