Hardge v. Alameida, et al.

Filing 59

ORDER REQUIRING Plaintiff to File Opposition to Defendants' 39 MOTION for SUMMARY JUDGMENT; Opposition due Within 30 Days signed by Magistrate Judge Dennis L. Beck on 3/29/2010. Filing Deadline: 5/3/2010. (Bradley, A)

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1 2 3 4 5 DESHAWN HARDGE, 6 Plaintiff, 7 v. 8 ALAMEIDA, et al., 9 Defendants. 10 11 12 Plaintiff Deshawn Hardge ("Plaintiff") is a state prisoner proceeding pro se in this civil / OPPOSITION DUE WITHIN 30 DAYS ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT CASE NO. 1:05-cv-00718-LJO-DLB PC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 13 rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's amended 14 complaint filed April 14, 2006 against Defendants Adams and Ward for use of excessive force in 15 violation of the Eighth Amendment. On August 20, 2009, the Court granted Plaintiff's requests 16 for issuance of subpoena duces tecum as to Warden Ken Clark. (Doc. 52.) Clark was granted up 17 to and including December 30, 2009, in which to respond to the subpoena for documents. On 18 November 24, 2008, Defendants filed a motion for summary judgment. (Doc. 39.) That motion 19 was taken off the Court's calendar pending completion of discovery. (Doc. 52.) Discovery is 20 closed.1 21 Accordingly, the Court HEREBY ORDERS that Plaintiff is to file and serve an 22 opposition to Defendants' motion for summary judgment, filed November 24, 2008, within 23 thirty (30) days from the date of service of this order. Defendants will have fourteen (14) days 24 after service of the opposition in which to file and serve their reply, if any. 25 26 27 28 1 IT IS SO ORDERED. Dated: 3b142a March 29, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE The Court presumes that both parties and W a r d e n Clark complied with the discovery orders. 1

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