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Grant v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 5, 2009

GREGORY D. GRANT, PLAINTIFF,
v.
GOVERNOR ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.

ORDER

Plaintiff is a civil detainee committed to Atascadero State Hospital under California's Sexually Violent Predators Act proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On April 28, 2009, defendants filed a request for leave to file late a responsive pleading together with a proposed motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).

Good cause appearing, IT IS HEREBY ORDERED that:

1. Defendants' April 28, 2009 request is granted;

2. Defendants' April 28, 2009 motion to dismiss is deemed timely filed;

3. Plaintiff's opposition to defendants' motion shall be filed and served not later than twenty-one days from the date this order is filed;

4. Defendants' reply, if any, shall be filed and served not later than seven days thereafter; and

5. Failure to file an opposition to the motion to dismiss will result in a recommendation that this action be dismissed.

20090505

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