Rachel v. Troutt, No. 15-6104 (10th Cir. 2016)
Annotate this CasePlaintiff Archie Rachel was a state prisoner who was given 21 days to seek discovery, obtain and review responses that were not even due within the 21-day period, and respond to the defendants’ motion for dismissal or summary judgment. At all times pertinent to this case, Rachel had access to a prison law library for only a few hours per week. Given these circumstances, Rachel asked for additional time to respond to the defendants’ dispositive motion. The district court did not rule on the request for additional time; Rachel had no choice but to respond without the benefit of the requested discovery. The issue on appeal to the Tenth Circuit was reduced to whether the district court should have found good cause for an extension of time for Rachel's responsive pleading. The Court concluded the court should have granted an extension of time.
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