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Hightower v. Schwarzenegger

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


July 2, 2009

THOMAS A. HIGHTOWER, PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER FOR PLAINTIFF'S VOLUME II OF EXHIBITS TO BE FILED AND EXTENDING DEFENDANTS' TIME TO REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS REPLY DUE ON OR BEFORE JULY 31, 2009

On June 23, 2009, the Clerk of the Court received a lengthy document entitled "Exhibits Vol. II Plaintiff Opp MTD." The Court has reviewed this document and finds that it relates to Plaintiff's opposition to Defendants' motion to dismiss. Plaintiff's verifications indicate that he placed all of his documents opposing Defendants' motion to dismiss for mailing on the same date. It appears that the delay in receipt of this second volume of exhibits was caused either by the prison, or the U.S. Postal Service, but in any event was due to reasons beyond Plaintiff's control. Thus, the document entitled "Exhibits Vol. II Plaintiff Opp MTD" is appropriate for filing. Due to the size of this additional volume of exhibits to Plaintiff's Opposition,*fn1 Defendants should receive additional time for filing their reply to Plaintiff's opposition to Defendants' motion to dismiss.

Accordingly, IT IS HEREBY ORDERED that:

(1) The Clerk of the Court is to file the document entitled "Exhibits Vol. II Plaintiff Opp MTD;" and

(2) Defendants are granted an extension of time, up to and including July 31, 2009 to file their reply to Plaintiff's opposition to Defendants' motion to dismiss.

IT IS SO ORDERED.


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