ALI-X v. ALL THE EMPLOYEES OF MAIL ROOM STAFFS

Filing 91

MEMORANDUM OPINION & ORDER extending Plaintiff's time to oppose the Motion for Summary Judgment for 30 days, etc. Signed by Judge Noel L. Hillman on 9/6/2019. (dmr)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

KASEEM ALI-X,

1:12-cv-3147-NLH-KMW
Plaintiff,

MEMORANDUM OPINION & ORDER

v.
DAVID MCKISHEN, et al.,
Defendants.

APPEARANCE:
Gurbir S. Grewal, Attorney General of New Jersey
Kai W. Marshall-Otto, Deputy Attorney General
R.J. Hughes Justice Complex
25 Market Street
P.O. Box 112
Trenton, NJ 08625
Attorneys for DOC Defendants
HILLMAN, District Judge
WHEREAS, Plaintiff Kaseem Ali-X has filed a civil complaint
alleging that his legal mail was opened outside of his presence
between May 24, 2010 and September 20, 2011 while he was
incarcerated at South Woods State Prison, see ECF No. 11; and
WHEREAS, Magistrate Judge Karen M. Williams appointed
counsel for the limited purpose of assisting Plaintiff with
settlement negotiations, see ECF No. 81; and
WHEREAS, settlement negotiations have failed to result in
an agreement between the parties; and
WHEREAS, Defendants filed a Motion for Summary Judgment on

May 24, 2019, see ECF No. 89; and
WHEREAS, Plaintiff, now proceeding pro se by the terms of
Magistrate Judge Williams’ order, has not filed any opposition
to the Motion for Summary Judgment; and
WHEREAS, in the interests of justice, the Court shall
extend the time for Plaintiff to submit his opposition to the
Motion for Summary Judgment for a period of thirty (30) days
from the date of this Order; and
WHEREAS, Plaintiff is advised that failure to file
opposition within the timeframe set by the Court shall result in
the Court considering the Motion for Summary Judgment to be
unopposed.

The Court notes that failure to respond to a motion

for summary judgment “is not alone a sufficient basis for the
entry of a summary judgment.”

Anchorage Assocs. v. Virgin

Island Bd. of Tax Review, 922 F.2d 168, 175 (3d Cir. 1990).

The

Court must still make an independent determination whether the
motion has been properly made and supported and whether granting
summary judgment is appropriate.

Id.; and

WHEREAS, the New Jersey Department of Corrections Inmate
Locator indicates that Plaintiff is presently incarcerated in
New Jersey State Prison, Trenton, New Jersey,
THEREFORE, IT IS on this

6th

day of September, 2019

ORDERED that Plaintiff’s time to oppose the Motion for
Summary Judgment is extended thirty (30) days from the date of
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this Order; and it is further
ORDERED that failure to file opposition within the
timeframe set by the Court shall result in the Court considering
the Motion for Summary Judgment to be unopposed; and it is
finally
ORDERED that the Clerk of the Court shall serve a copy of
this Order on Plaintiff by regular first-class mail at
Kaseem Ali-X 000422722B
New Jersey State Prison
PO Box 861
Trenton, NJ 08625
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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