Talley v. Bailey et al

Filing 24

ORDER granting plaintiff's 21 Motion for Extension of Time. Defendants' 17 MOTION for Summary Judgment is RENOTED for 5/1/2009. A COPY OF THIS ORDER, ALONG WITH A COPY OF DKTS. 17, 17-2, 18, 19, and 20 have been mailed to plaintiff today. Signed by Hon. Mary Alice Theiler.(GB)

01 02 03 04 05 06 07 08 JEROME TALLEY, 09 10 11 12 13 14 This is a civil rights action brought under § 1983. Currently pending before the Court UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Plaintiff, ) ) v. ) ) T.C. BAILEY, et al., ) ) Defendants. ) ____________________________________ ) CASE NO. C08-1114-RSM

ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME

15 are defendants' motions for summary judgment and plaintiff's motion for an extension of time 16 to respond to defendants' summary judgment motion. The Court, having reviewed the 17 pending motions, and the balance of the record, does hereby ORDER as follows: 18 (1) Plaintiff's motion for an extension of time to respond to defendants' summary

19 judgment motion (Dkt. 21) is GRANTED. Plaintiff is directed to file his response to 20 defendants' motion no later than April 27, 2009. 21 Plaintiff is advised, pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) and

22 Federal Rule of Civil Procedure 56, that he has a right to file counter-affidavits or other

ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME PAGE -1

01 responsive evidentiary materials in opposition to defendants' motion for summary judgment 02 and that his failure to file such materials may result in the entry of summary judgment against 03 him. If the motion for summary judgment is granted, plaintiff is advised that his case will be 04 over. Thus, if plaintiff fails to file opposing counter-affidavits or other evidence, defendants' 05 evidence might be taken as truth, and final judgment may be entered against plaintiff without a 06 trial. 07 (2) Defendants' motion for summary judgment (Dkt. 17) is RENOTED for

08 consideration on May 1, 2009. 09 (3) The Clerk is directed to send a copy of this Order to plaintiff together with

10 copies of plaintiff's complaint (Dkt. 8) and of defendants' summary judgment papers (Dkts. 17, 11 18, 19, and 20).i The Clerk is further directed to send copies of this Order to counsel for 12 defendants and to the Honorable Ricardo S. Martinez. 13 14 15 16 17 18 19 20 21 22 Plaintiff indicates in his motion for extension of time that he is not in possession of any of his legal papers at this point and that he therefore requires copies of all documents on file in this case. However, plaintiff should be able to prepare his response to defendants' summary judgment motion with the few documents identified here.
i

DATED this 23rd day of March, 2009. s/ Mary Alice Theiler United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME PAGE -2