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Asofa V. Tafilele v. Kelly Harrington

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 11, 2012

ASOFA V. TAFILELE,
PLAINTIFF,
v.
KELLY HARRINGTON, ET AL., DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE REPLY TO MOTION FOR SUMMARY JUDGMENT Docs. 44, 51 DEADLINE: DECEMBER 26, 2012

On August 18, 2010, Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On July 20, 2011, the Court found a cognizable Eighth Amendment claim for excessive force against Defendants Mata, Hernandez, Williams, Spurgeon, and Murphy, and Eighth Amendment claim for deliberate indifference to serious medical need against Defendant Meza. Doc. 15.

On October 4, 2012, Defendants filed a motion for summary judgment and declarations in support of the motion for summary judgment, contemporaneously with a notice as to how Plaintiff must oppose the motion in order to avoid dismissal, pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) and Woods v. Carey, 684 F.3d 934, 936 (9th Cir. 2012). Docs. 44-47.

On December 10, 2012, Defendants filed a motion for extension of time to file a reply to the motion for summary judgment. Doc. 51. In Defendant's motion, counsel states that she needs more time to review Plaintiff's voluminous opposition and to prepare a reply. Id. The Court HEREBY GRANTS Defendants' motion for extension of time to file a reply to the motion for summary judgment. Defendants requested a deadline of December 24, 2012, but the Court will be closed on that day. Therefore, the deadline is December 26, 2012.

Defendants have until December 26, 2012 in which to file a reply to the motion for summary judgment.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE

20121211

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