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Edmonton v. Bentivegna

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 11, 2009

KENNETH I. EDMONTON, PLAINTIFF,
v.
KOLLEEN BENTIVEGNA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER GRANTING DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT (Doc. 13) Deadline: 08/11/2009

Plaintiff Kenneth I. Edmonton ("Plaintiff") is a civil detainee proceeding pro se and in forma pauperis. Plaintiff filed this civil rights action on May 9, 2008, pursuant to 42 U.S.C. § 1983. On February 6, 2009, Defendants filed a motion seeking an extension of time to file their response to Plaintiff's complaint.

Defendants seek an extension of fifteen days after the ninety-day period set forth in Federal Rule of Civil Procedure 25(a)(1) has run. As addressed in a separate order, Defendants' notice of Plaintiff's death was deficient and, therefore, did not trigger the running of the ninety-day period. The Court will grant Defendants an extension of time sufficient for them to renew their notice with a showing of proper service and for the ninety-day period to expire.

Defendants' motion for an extension of time is HEREBY GRANTED, and Defendants' response to Plaintiff's complaint is due on or before August 11, 2009.

IT IS SO ORDERED.

20090311

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