Igbinovia v. Nevada, State of ex rel. Nevada Department of Corrections et al

Filing 117

ORDER - defendants' motion to strike plaintiff's opposition to defendants' motion for summary judgment 116 is DENIED. Defendants' motion for enlargement of time to respond to plaintiff's opposition 115 is denied as moot. This court will afford an incarcerated pro se plaintiff that is proceeding in forma pauperis from a state's prison every reasonable opportunity to properly oppose a dispositive motion. (Copies have been distributed pursuant to the NEF - DN)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ENOMA IGBINOVIA,

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)
Plaintiff,
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vs.
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STATE OF NEVADA, et al.,
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Defendants.
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_____________________________ )
PRESENT:

3:16-CV-0497-MMD (VPC)
MINUTES OF THE COURT
April 2, 2018

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Defendants’ motion to strike plaintiff’s opposition to defendants’ motion for summary
judgment and plaintiff’s cross motion for summary judgment (ECF No. 116) is DENIED.
Defendants failed to mention that the court granted plaintiff an extension of time to March 23,
2018 to file an opposition to defendants’ motion for summary judgment (ECF No. 109). This
document was filed by the court on March 26, 2018. The court is aware that plaintiff’s brief is
three days late and thirty-three and one-half pages long; however, in the interest of judicial
economy, the court will allow the brief to stand and will consider it timely filed.
This court prefers to resolve cases on their merits and routinely grants exceptions to
mundane issues in order to effectively manage its docket. This court will afford an incarcerated
pro se plaintiff that is proceeding in forma pauperis from a state’s prison every reasonable
opportunity to properly oppose a dispositive motion. The fact that the court received plaintiff’s
paper three days tardy or that it is three handwritten pages over length is inconsequential to the
court.
Defendants’ motion for enlargement of time to respond to plaintiff’s opposition (ECF No.
115) is DENIED as moot.
IT IS SO ORDERED.
DEBRA K. KEMPI, CLERK
By:

/s/
Deputy Clerk