Curtis v. Benda, et al.

Filing 160

ORDER granting 156 Plaintiff's Second Motion for Extension of Time; and the 148 MOTION for Summary Judgment Based on Qualified Immunity and Memorandum in Support Thereof is RENOTED to: 5/20/2011. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)

1 2 3 4 5 JAMES EDWARD CURTIS, 6 7 8 9 10 11 12 13 Defendants oppose the motion. ECF No. 158. On December 15, 2010, Defendant Riley 14 15 16 17 18 19 20 21 22 23 24 25 26 library. ECF No. 156, p. 3. In addition, the MCC was recently on lock down status due to the murder of a guard and that has impeded Mr. Curtis' access to legal materials. In light of Plaintiff's pro se status, limited access to legal materials, and out of an abundance of caution, the court will grant the additional sixty day extension in order to respond to Defendants' motion for summary judgment. ORDER - 1 submitted his motion for summary judgment based on qualified immunity with a noting date of January 7, 2011. ECF No. 148. Plaintiff has already moved for and has been granted one extension of over 60 days to respond to Defendant Riley's motion, based on Plaintiff's assertion that he needed more time to conduct legal research. ECF Nos. 152 and 155. In his most recent request for an extension, Plaintiff states that he is confined to solitary where his access to legal research materials is limited and must be made through written requests to the prison's law Plaintiff, v. TERRY J. BENDA and WILLIAM E. RILEY, Defendants. Before the Court is Plaintiff's second motion for a sixty day extension of time to respond to Defendant Riley's motion for summary judgment on qualified immunity. ECF No. 156. ORDER GRANTING PLAINTIFF'S SECOND MOTION FOR CONTINUANCE TO RESPOND TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT No. 08-5109 BHS/KLS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

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Accordingly, it is ORDERED: (1) Plaintiff's motion for an additional extension of time to respond to Defendants'

motion for summary judgment (ECF No. 156) is GRANTED. (2) Plaintiff shall file his response to Defendants' motion for summary judgment

(ECF No. 148) on or before May 16, 2011. Defendants' motion for summary judgment shall be 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2 DATED this 22nd day of March, 2011. re-noted for May 20, 2011. (3) The Clerk shall send a copy of this Order to Plaintiff and counsel for Defendants.

A

Karen L. Strombom United States Magistrate Judge