Leshowitz v. Collins

Filing 34

ORDER granting Plaintiff's 32 MOTION for extension of time to respond to Defendant's motion for summary judgment 29 . The extension is limited to six weeks. Plaintiff's response due 1/8/2018; Reply due 1/12/2018. Defendant's 29 MOTION for Summary Judgment is re-noted for 1/12/2018. Signed by Hon. Brian A Tsuchida. **2 PAGE(S), PRINT ALL**(Scott Leshowitz, Prisoner ID: 961450)(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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7 SCOTT P. LESHOWITZ,

Plaintiff,

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ORDER GRANTING EXTENSION
AND RENOTING DEFENDANT’S
SUMMARY JUDGMENT MOTION

v.

10 MICHAEL BISSON,
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Case No. 2:16-cv-1557-RSM-BAT

Defendant.
Plaintiff seeks a three month extension of his November 27, 2017 deadline to respond to

13 Defendant’s motion for summary judgment. Dkt. 32. Defendant’s motion for summary
14 judgment was originally noted for December 1, 2017. Dkt. 29. He states he needs this
15 additional time because of the holiday season, he is disabled with limited mobility, and has to
16 seek help from other inmates. Id. Defendant is not opposed to a thirty day extension of
17 plaintiff’s deadline, but argues that allowing a three month extension (essentially giving plaintiff
18 four months to respond) is not warranted and would unnecessarily interfere with a prompt and
19 fair resolution of this matter. Dkt. 33.
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The Court agrees that the requested extension is unreasonable in that plaintiff has failed

21 to explain how the stated conditions have impacted his ability to respond to the summary
22 judgment motion, which presents the rather straight-forward issue of whether plaintiff has
23 appropriately exhausted his state court remedies. However, in light of plaintiff’s pro se status
ORDER GRANTING EXTENSION AND RENOTING

DEFENDANT’S SUMMARY JUDGMENT MOTION - 1

1 and mobility issues, the Court will grant a six week extension of plaintiff’s deadline.
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Accordingly, it is ORDERED:

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(1)

Plaintiff’s motion for extension (Dkt. 32) is GRANTED; however, the extension

4 is limited to six weeks. Therefore, plaintiff shall file his response to defendants’ summary
5 judgment motion on or before January 8, 2018.
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(2)

Defendants may file a reply on January 12, 2018. The Clerk shall re-note

7 Defendants’ motion for summary judgment for consideration on January 12, 2018.
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(3)

The Clerk is directed to send copies of this Order to Plaintiff and to counsel for

9 Defendants.
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DATED this 15th day of December, 2017.

A

BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING EXTENSION AND RENOTING

DEFENDANT’S SUMMARY JUDGMENT MOTION - 2