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Batiste v. Velasquez

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


January 6, 2010

EDWARD ANTONIO BATISTE, PLAINTIFF,
v.
B. VELASQUEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Defendants Cox and Higgens filed a motion to dismiss on December 7, 2009; defendant Velasquez filed a motion to dismiss on December 17, 2009.*fn1 Plaintiff filed a request, on December 22, 2009, for an extension of time until January 31, 2009, to file his opposition to the initial motion. Plaintiff, who again states that he uses a wheelchair and is legally blind, emphasizes that he is being released from prison and has "lots to do."*fn2 Plaintiff will be permitted additional time to respond to the pending motions, but there will be no further extension beyond that.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's December 22, 2009, motion for an extension of time (Docket No. 23) is granted; and

2. Plaintiff is granted up to and including January 31, 2010, in which to file and serve a response to defendants' motions to dismiss with no further extension. Defendants' reply (or replies), if any, shall be filed seven days thereafter.

3. Plaintiff's October 29, 2009, motion for the court to permit plaintiff to communicate with another inmate to assist him with his case (Docket No. 19) is denied as both inapposite and moot.


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