Wilkins v. Alameda County Sheriff's Office et al

Northern District of California, cand-4:2015-cv-01706

ORDER by Judge Yvonne Gonzalez Rogers granting {{137}} Plaintiff his Third and Final Extension of Time to File Opposition to {{124}} Defendants' Second MOTION for Summary Judgment. Responses due by 8/20/2018. Replies due by 9/3/2018.

Interested in this case?

Current View

Full Text

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 RUDY WILKINS, 4 Case No. 15-cv-01706-YGR (PR) Plaintiff, 5 ORDER GRANTING PLAINTIFF HIS v. THIRD AND FINAL EXTENSION OF 6 TIME TO FILE OPPOSITION TO MARIA MAGAT, et al., DEFENDANTS' SECOND MOTION 7 FOR SUMMARY JUDGMENT Defendants. 8 9 Plaintiff Rudy Wilkins, a state prisoner who is currently housed at San Quentin State 10 Prison ("SQSP"), filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 regarding alleged 11 violations of his federal rights. 12 In December 2016, Defendants initially moved for summary judgment, which Plaintiff Northern District of California United States District Court 13 opposed. See Dkts. 65, 75. The Court denied the motion for summary judgment without 14 prejudice while discovery disputes were being resolved. Dkt. 94. On May 9, 2018, Defendants 15 filed their second motion for summary judgment. Dkt. 124. Plaintiff's opposition was due no 16 later than June 6, 2018. See Dkt. 117 at 7. On June 11, 2018, Plaintiff moved for an extension of 17 time to file his opposition, citing health issues. Dkt. 133. The Court granted a 35-day extension, 18 allowing him to file an opposition no later than July 11, 2018. Dkt. 134. On July 5, 2018, 19 Plaintiff moved for a second extension of time, claiming that he had no law library access due to a 20 "[m]odified program, shutdown" at SQSP. Dkt. 135. The Court extended the deadline to July 31, 21 2018 and ordered that no further extensions would be granted "absent extraordinary 22 circumstances." Dkt. 136. According to Plaintiff, the aforementioned "modified lockdown" 23 ended on July 17, 2018. Dkt. 137 at 1. 24 To date, Plaintiff has not filed an opposition even though, as mentioned above, he has been 25 granted two extensions of time to do so. See Dkts. 134, 136. His last opposition deadline of July 26 31, 2018 has passed. See Dkt. 136 at 1. 27 Before the Court is Plaintiff's request for a third extension of time in which to file his 28 opposition to Defendants' second motion for summary judgment. Dkt. 137. Plaintiff explains 1 that, as of July 30, 2018, the prison was placed on "modified program for two days" due to 2 "several violent assault incidents [of] inmates attacking. . . each other" in his dorm. Id. at 1-2. 3 Plaintiff also claims his law library access has been limited since June 28, 2018. Id. at 2. 4 He requests another extension of time up to and including August 20, 2018 in which to file his 5 opposition. Id. Defendants oppose Plaintiff's request. Dkt. 138. 6 The Court finds that Plaintiff may be granted another brief third and final extension of time 7 to file his opposition to Defendants' second motion for summary judgment. The time in which 8 Plaintiff may file his opposition to Defendants' dispositive motion will be extended up to and 9 including August 20, 2018. Defendants shall file a reply brief no later than fourteen (14) days 10 after the date Plaintiff's opposition is filed. 11 This is Plaintiff's final extension, and no further extensions will be granted. 12 This Order terminates Docket No. 137. Northern District of California United States District Court 13 IT IS SO ORDERED. 14 Dated: August 9, 2018 ______________________________________ YVONNE GONZALEZ ROGERS 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2