Green v. Herbert et al

Filing 100

ORDER granting in part plaintiff's 99 Motion for an extension of time to respond to defendants' motion for summary judgment 98 . Plaintiff must respond to defendants' motion for summary judgment on or before 10/5/09. Signed by Hon. David G. Larimer on 7/22/09. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ CLARENCE GREEN, Plaintiff, DECISION AND ORDER 04-CV-6213L v. SUPERINTENDENT VICTOR HERBERT, et al., Defendants. ________________________________________________

By motion filed July 15, 2009 (Dkt. #98) defendants moved for summary judgment. By letter dated July 10, 2009, and filed July 21, 2009 (Dkt. #99), plaintiff, Clarence Green, requests a lengthy extension, until October 2009 to respond to proceedings in the case because he has been moved to a facility, the Southport Correctional Facility, where he alleges that the opportunity to use the law library is limited. Plaintiff's motion (Dkt. 99) is granted, in part. Plaintiff must respond to defendants' motion for summary judgment on or before October 5, 2009. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York July 22, 2009.