ALI-X v. MCKISHEN, ET AL, No. 1:2012cv03147 - Document 95 (D.N.J. 2019)
Court Description: MEMORANDUM OPINION & ORDER Denying 93 Motion to Stay; Plaintiff's time to oppose the Motion for Summary Judgment is extended thirty (30) days from the date of this Order, etc. Signed by Judge Noel L. Hillman on 10/28/2019. (dmr)(n.m)
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ALI-X v. MCKISHEN, ET AL Doc. 95 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KASEEM ALI-X, 1:12-cv-3147-NLH-KMW Plaintiff, MEMORANDUM OPINION & ORDER v. DAVID MCKISHEN, et al., Defendants. APPEARANCES: Kaseem Ali-X New Jersey State Prison PO Box 861 Trenton, NJ 08625 Plaintiff pro se Gurbir S. Grewal, Attorney General of New Jersey Kai W. Marshall-Otto, Deputy Attorney General R.J. Hughes Justice Complex 25 Market Street P.O. Box 112 Trenton, NJ 08625 Attorneys for DOC Defendants HILLMAN, District Judge WHEREAS, Plaintiff Kaseem Ali-X has filed a civil complaint alleging that his legal mail was opened outside of his presence between May 24, 2010 and September 20, 2011 while he was incarcerated at South Woods State Prison, see ECF No. 11; and WHEREAS, Defendants filed a Motion for Summary Judgment on May 24, 2019, see ECF No. 89; and WHEREAS, on September 6, 2019, the Court extended the time Dockets.Justia.com for Plaintiff, now proceeding pro se, to file opposition to the Motion for Summary Judgment by thirty (30) days, see ECF No. 91; and WHEREAS, Plaintiff filed a motion to stay the proceeds in October 10, 2019, see ECF No. 93. Plaintiff asserted that he had requested certain documents from defendants but had not received them and had filed complaints for being denied assistance with legal research. Id. ¶¶ 6-9; and WHEREAS, Plaintiff requested a stay of the proceedings for an additional thirty (30) days, id. ¶; and WHEREAS, Defendants filed a letter objecting to any additional discovery, but not objecting to additional time for Plaintiff to prepare his opposition, see ECF No. 94; and WHEREAS, after consolation with both parties, Magistrate Judge Williams set dispositive motions to be due on May 24, 2019 in a final scheduling order, see ECF No. 88; and WHEREAS, the time for discovery has long since closed. However, the Court will permit Plaintiff to have an additional thirty (30) days to file his opposition. No further extensions will be permitted absent extraordinary circumstances, THEREFORE, IT IS on this 28th day of October, 2019 ORDERED that Plaintiff’s motion to stay (ECF No. 93) is denied. Plaintiff’s time to oppose the Motion for Summary Judgment is extended thirty (30) days from the date of this 2 Order. No new discovery is permitted; and it is finally ORDERED that the Clerk of the Court shall serve a copy of this Order on Plaintiff by regular first-class mail at Kaseem Ali-X 000422722B New Jersey State Prison PO Box 861 Trenton, NJ 08625 s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 3
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