Tagle v. State of Nevada et al

Filing 96

ORDER granting 95 Motion to Extend Time; Re: 91 Motion for Summary Judgment. Responses due 30 days from date of this order. Signed by Judge James C. Mahan on 9/17/2019. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTOR TAGLE,

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Case No. 2:15-CV-2082 JCM (VCF)
Plaintiff(s),

ORDER

v.
STATE OF NEVADA,

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Defendant(s).

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Presently before the court is the matter of Tagle v. State of Nevada et al, case no. 2:15-cv02082-JCM-VCF.

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On September 16, 2019, pro se plaintiff Victor Tagle (“plaintiff”) filed the instant motion

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to extend time to file a response to defendants’ motion for summary judgment that was filed on

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August 22, 2019. (ECF No. 95); see (ECF No. 91). In his motion, plaintiff requests that the court

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extend his time to file a response by thirty (30) days. (ECF No. 95).

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Under Local Rule 7-2, parties are granted twenty-one (21) days to file a response to a

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motion for summary judgment. LR 7-2(b). Because defendants filed their motion for summary

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judgment on August 22, 2019, the deadline for plaintiff’s response would have been September

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12, 2019. Plaintiff is currently incarcerated and alleges that prison policies inhibited his ability to

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timely respond to the defendants’ motion. (ECF No. 95).

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Because plaintiff is a prisoner representing himself pro se in this matter, and because public

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policy favors disposition of cases on their merits, the court will grant plaintiff an additional thirty

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(30) days from the date of this order to file his response. See Ghazali v. Moran, 46 F.3d 52, 53

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(9th Cir. 1995) (“public policy favor[s] disposition of cases on their merits . . .”). No further

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extensions of time will be granted.

James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS ORDERED THAT plaintiff’s motion to extend time (ECF No. 95) be, and the same

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hereby is, GRANTED.
IT IS FURTHER ORDERED THAT plaintiff shall file his response to defendants’ motion
for summary judgment within thirty (30) days from the date of this order.

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IT IS SO ORDERED.

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DATED September 17, 2019.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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