OBATAIYE v. LANIGAN et al

Filing 82

MEMORANDUM and ORDER that Plaintiff shall file any opposition to Defendants' pending motion for summary judgment within 30 days of the entry of this Memorandum and Order. It is ORDERED that Defendants may file a reply brief within 14 days of Plaintiffs filing of any opposition papers or of the expiration of Plaintiffs time to do so. Signed by Chief Judge Freda L. Wolfson on 6/26/2019. (km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
ODE OBATAIYE,
:
:
Plaintiff,
:
Civ. No. 14-5462 (FLW) (TJB)
:
v.
:
:
CHARLES E. WARREN et al.,
:
MEMORANDUM AND ORDER
:
Defendants.
:
_________________________________________ :

Plaintiff, Ode Obataiye (“Obataiye” or “Plaintiff”), is a state prisoner, presently
incarcerated at East Jersey State Prison, in Rahway, New Jersey. He is proceeding pro se in this
action with a Fourth Amended Complaint asserting claims under 42 U.S.C. § 1983. (ECF No.
47.) On April 16, 2019, the defendants filed a motion for summary judgment in their favor. 1
(ECF No. 77.) Obataiye filed a letter dated April 17, 2019, indicating that he would be seeking
no further discovery in this action, (ECF No. 78), but he has, as of yet, filed no opposition to the
summary judgment motion.
In the interests of justice, and consistent with the well-established preference for deciding
claims on their merits rather than on procedural technicalities, see Dole v. Arco Chem. Co., 921
F.2d 484, 487 (3d Cir. 1990), the Court will permit Obataiye, as a pro se litigant, one final
opportunity to file an opposition to the pending motion for summary judgment. Obataiye shall
file any opposition papers within 30 days of the entry of this Memorandum and Order. If he
does not, the Court will decide the summary judgment motion as unopposed. Defendants shall

1

This motion is inaccurately listed on the docket as a motion to dismiss. (See ECF No. 80.)

be permitted 14 days to file a reply after Obataiye has filed any opposition or after his time to do
so has expired.
Accordingly, IT IS, on this 26th day of June 2019,
ORDERED that Plaintiff shall file any opposition to Defendants’ pending motion for
summary judgment within 30 days of the entry of this Memorandum and Order; and it is further
ORDERED that Defendants may file a reply brief within 14 days of Plaintiff’s filing of
any opposition papers or of the expiration of Plaintiff’s time to do so; and it is further
ORDERED that the Clerk of the Court shall send a copy of this Memorandum and Order
to Plaintiff by regular U.S. mail.

s/Freda L. Wolfson
FREDA L. WOLFSON
U.S. Chief District Judge

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