(PC) Bernard L. Smith v. Hawkins, No. 2:2014cv02222 - Document 41 (E.D. Cal. 2015)
Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 12/23/2015 GRANTING plaintiff's 37 request and his 38 response to the motion to dismiss is deemed timely filed. Accordingly, the 11/4/2015 findings and recommendations 35 are VACATED. Defendant's 40 motion to strike is DENIED. (Yin, K)
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(PC) Bernard L. Smith v. Hawkins Doc. 41 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BERNARD L. SMITH, 11 12 13 14 No. 2:14-cv-2222-KJM-EFB P Plaintiff, v. ORDER HAWKINS, et al., Defendants. 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On November 4, 2015, the court recommended that this action be dismissed after 18 plaintiff failed to respond to defendant’s motion to dismiss. ECF No. 35. On December 3, 2015, 19 plaintiff requested additional time to respond to defendant’s motion to dismiss, and on December 20 7, 2015, plaintiff filed an opposition to the motion. ECF Nos. 37, 38. Defendant now moves to 21 strike plaintiff’s opposition. 22 Good cause appearing, plaintiff’s request (ECF No. 37) is granted and his response to the 23 motion to dismiss (ECF No. 38) is deemed timely filed. Accordingly, the November 4, 2015 24 findings and recommendations (ECF No. 35) are vacated. It is further ordered that defendant’s 25 motion to strike (ECF No. 40) is denied. 26 27 So ordered. Dated: December 23, 2015. 28 Dockets.Justia.com
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