Dawkins v. Copeland et al

Filing 97

ORDER re: 96 Letter, filed by Edward C. Dawkins, 95 Letter filed by Edward C. Dawkins. In light of the difficulties cited in his most recent letter, the Court will extend the deadline to respond to both the motion to stay and the motion to d ismiss to January 3, 2020. No further extensions will be given. Dawkins is directed to file his responses to both motions by that time. If he does not, the Court shall consider the defendants' motions as unopposed. Dawkins is warned that failure to abide by this order could result in the dismissal of his action. The Clerk of Court is respectfully directed to mail a copy of this Order to Dawkins. It is SO ORDERED. (Responses due by 1/3/2020) (Signed by Judge Edgardo Ramos on 12/3/2019) (kv) Transmission to Docket Assistant Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EDWARD DAWKINS, Plaintiff, – against – COPELAND, Correctional Officer; M. HOLINESS, Grievance Coordinator; RICE, Civilian; SCULLY, Cashier Officer; S. CANADY, Grievance Coordinator; EXECUTIVE DIRECTOR OF PROGRAMS; DEPUTY WARDEN FOR PROGRAMS; DR. KATZA, Medical Director; CAROLYN SAUNDERS, Warden of North Infirmary Command; K. TILLEY, Captain; LOUNETT DAWKINS, Captain; M.D. LILIAN LWIN, Surgery; M.D. LUEDERS MENO, Surgery; M.D. SOULA PRIOVOLOS, Visiting Attended; M.D. RONALD SIMON; and M.D. IXEL CERVERA, Supervisor Resident, ORDER 17 Civ. 9926 (ER) Defendants. Ramos, D.J.: �e Court is in receipt of Dawkins’ letters of October 11, 2019, Doc. 95, and November 5, 2019, Doc. 96. In those letters, Dawkins, incarcerated and pro se, asks for an extension of time to respond to the defendants’ motions to stay discovery, Doc. 92, and to dismiss the amended complaint, Doc. 80. He asks for the extension because of difficulties in accessing the law library at the facility in which he is imprisoned. �e original deadline to respond to the defendants’ motion to dismiss was in July 2019. Doc. 80. �e deadline has been extended twice, most recently to November 1. Docs. 88, 94. In total, Dawkins has had over five months to respond to the motion. In light of the difficulties cited in his most recent letter, the Court will extend the deadline to respond to both the motion to stay and the motion to dismiss to January 3, 2020. No further extensions will be given. Dawkins is directed to file his responses to both motions by that time. If he does not, the Court shall consider the defendants’ motions as unopposed. Dawkins is warned that failure to abide by this order could result in the dismissal of his action. �e Clerk of Court is respectfully directed to mail a copy of this Order to Dawkins. It is SO ORDERED. Dated: December 3, 2019 New York, New York Edgardo Ramos, U.S.D.J. 2

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