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Marvin Glenn Hollis v. Phillip Sloan

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


April 12, 2012

MARVIN GLENN HOLLIS, PLAINTIFF,
v.
PHILLIP SLOAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On March 22, 2012, plaintiff filed a motion for summary judgment, together with a request that the motion be deemed filed on the date plaintiff submitted it to prison officials for mailing, viz., January 9, 2012. Due to an alleged error in the Litigation Office at plaintiff's place of incarceration, California State Prison - Sacramento ("CSP-SAC"), the filing of plaintiff's motion was delayed. However, meanwhile, on March 21, 2012, this court extended the discovery deadline in this action to June 11, 2012, and vacated the dispositive motion deadline until further order of the court. The principal reason for extending these matters was to permit defendants adequate opportunity to depose plaintiff and to obtain related discovery, prior to filing a dispositive motion. Plaintiff submitted his motion for summary judgment to the court prior to receiving a copy of the court's recent order.

In response to plaintiff's motion, defendants move for an extension of time within which to file an opposition, and inform the court that plaintiff's renewed deposition is now scheduled for April 20, 2012.

Because discovery is still proceeding in this action, plaintiff's motion must be denied without prejudice to its timely renewal, after the close of discovery and before expiration of the dispositive motion deadline, which the court now sets.

Accordingly, IT IS HEREBY ORDERED that: 1. The deadline for filing dispositive motions in this action is hereby extended to Friday, September 14, 2012; the deadline for discovery shall remain Monday, June 11, 2012.*fn1

2. Plaintiff's motion for summary judgment filed March 22, 2012 (Dkt. No. 90), is denied without prejudice; plaintiff may renew the motion*fn2 after the close of discovery.

3. Plaintiff's motion to deem the filing date of his motion for summary judgment as the date he submitted the motion to prison officials (Dkt. No. 91), is denied as moot.

4. Defendant's motion for an extension of time to oppose plaintiff's motion for summary judgment (Dkt. No. 92), is denied as moot.

SO ORDERED.


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