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DIAL v. HEATLEY, 2:12-cv-2569 AC P. (2015)

Court: District Court, E.D. California Number: infdco20150401c97 Visitors: 16
Filed: Mar. 30, 2015
Latest Update: Mar. 30, 2015
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. 1983. By order filed March 13, 2015, the court identified plaintiff's new place of incarceration, updated his address of record, and extended time, until April 3, 2015, for plaintiff to file an opposition to the motion for summary judgment filed by defendant Casey on February 12, 2015. This action also proceeds against four
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ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. By order filed March 13, 2015, the court identified plaintiff's new place of incarceration, updated his address of record, and extended time, until April 3, 2015, for plaintiff to file an opposition to the motion for summary judgment filed by defendant Casey on February 12, 2015. This action also proceeds against four additional defendants who, as of the date of this order, have not filed a dispositive motion.

Plaintiff has filed two motions, requesting: (1) that the court direct the Warden of California State Prison Corcoran to forward plaintiff's legal property to his current place of incarceration, the California Health Care Facility in Stockton; and (2) an extension of the discovery deadline so that plaintiff can respond to defendants' outstanding discovery requests.

The court notes that the discovery deadline expired in this action on January 20, 2015; the March 31, 2015 deadline to which plaintiff refers is the dispositive motion deadline. Nonetheless, it is clear that plaintiff needs additional time to respond to defendants' outstanding discovery requests and the pending motion for summary judgment.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motions filed March 23, 2012, ECF Nos. 60 and 61, are granted, as set forth herein.

2. The Warden of California State Prison Corcoran is requested to direct staff, within a week after the filing date of this order, to consolidate all of plaintiff's legal property that may be remaining at that institution, and send it to plaintiff at his current place of incarceration, the California Health Care Facility in Stockton.

3. The discovery deadline in this action, which expired on January 20, 2015, is extended for the limited purpose of according plaintiff additional time to complete and serve his responses to defendants' outstanding discovery requests; plaintiff shall serve all outstanding discovery responses on or before May 1, 2015.

4. Plaintiff shall file and serve his opposition to defendant Casey's motion for summary judgment on or before May 1, 2015; defendant Casey may file a reply within fourteen days after the filing date of plaintiff's opposition.

5. The Clerk of Court is directed to send a copy of this order to the Warden at California State Prison Corcoran.

Source:  Leagle

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