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Wilson v. Brizyela

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 20, 2007

TEDDY LEROY WILSON, JR., CDCR #78443, PLAINTIFF,
v.
ISMAEL BRIZYELA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER GRANTING THIRD MOTION REQUESTING EXTENSION OF TIME TO RESPOND

[Doc. No. 41]

On December 10, 2007, Plaintiff filed a third request seeking additional time to oppose Defendants' motion to dismiss. Doc. No. 41. The Court granted Plaintiff's second request on October 3, 2007. Doc. No. 38.

Plaintiff submits that he could not comply with the December 14, 2007 deadline for filing an opposition because while he now is able to leave the residential treatment facility in which he resides, he is allowed to do so only on one weekend day per week. Doc. No. 41. Because of this limitation, he has been unable to complete the legal research necessary to finalize his opposition to the motion to dismiss.

However, Plaintiff anticipates being released from the residential program on January 19, 2008, at which time he will be free to conduct legal research. Id.

Good cause appearing, the Court GRANTS Plaintiff's motion for an extension of time to oppose Defendants' motion to dismiss and extends the deadline to January 25, 2008. Plaintiff is hereby warned that no further extensions of time will be granted.

Defendants shall file their reply, if any, on or before February 1, . The hearing date is hereby continued to February 5, 2008 at 9:00

However, unless the Court directs otherwise in advance, pursuant to Local Rule 7.1(d)(1), the matter will be resolved without oral argument and no personal appearances are required on February 5, 2008 at 9:00 a.m.

IT IS SO ORDERED.

20071220

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