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Cole v. Adam, 17-05691 BLF (PR). (2018)

Court: District Court, N.D. California Number: infdco20180628b43 Visitors: 17
Filed: Jun. 26, 2018
Latest Update: Jun. 26, 2018
Summary: ORDER DENYING REQUEST FOR COURT RULING ON PENDING MOTIONS; GRANTING EXTENSION OF TIME TO FILE OPPOSITION (Docket No. 20) BETH LABSON FREEMAN , District Judge . Plaintiff, a California inmate, filed the instant pro se civil rights action pursuant to 42 U.S.C. 1983 against medical officials at Pelican Bay State Prison ("PBSP"). The Court found cognizable Plaintiff's Eighth Amendment claims based on his allegations of inadequate medical care. (Docket No. 9.) Defendants filed a motion for
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ORDER DENYING REQUEST FOR COURT RULING ON PENDING MOTIONS; GRANTING EXTENSION OF TIME TO FILE OPPOSITION

(Docket No. 20)

Plaintiff, a California inmate, filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983 against medical officials at Pelican Bay State Prison ("PBSP"). The Court found cognizable Plaintiff's Eighth Amendment claims based on his allegations of inadequate medical care. (Docket No. 9.) Defendants filed a motion for summary judgment on June 7, 2018. (Docket No. 19.) Plaintiff's opposition was due twenty-eight days thereafter, i.e., no later than July 5, 2018.

On June 22, 2018, Plaintiff filed a "request for the court to rule on pending motions." (Docket No. 20.) In this motion, Plaintiff refers to the following motions he claims he sent to the Court on May 30, 2018: (1) a "motion requesting to file an extended motion to compel, and declaration in support"; (2) a "motion requesting to extend discovery cutoff and dispositive motion deadlines and declaration in support"; and (3) a "motion to grant counsel." (Id. at 2.) However, the docket in this case contains no record of such filings, and there is otherwise no record of the Court ever receiving any such motions from Plaintiff. Accordingly, the request for a ruling on pending motions is DENIED. Plaintiff may refile these motions if he so wishes.

The Court sua sponte grants Plaintiff an extension of time to file an opposition to Defendants' motion for summary judgment such that Plaintiff's opposition is due no later than August 2, 2018. Defendants shall file a reply within fourteen (14) days after Plaintiff's opposition is filed. Defendants' motion shall be deemed submitted on the date the reply brief is due.

This order terminates Docket No. 20.

IT IS SO ORDERED.

Source:  Leagle

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