Opinion
No. C 08-01113 JF (PR).
July 29, 2011
ORDER GRANTING MOTION FOR CONTINUANCE TO FILE OPPOSITION; SCHEDULING BRIEFING ON DEFENDANTS' MOTION TO DISMISS (Docket No. 61)
Plaintiff, a California prisoner incarcerated at Pelican Bay State Prison ("PBSP") and proceeding pro se, filed the instant civil rights action pursuant to 42 U.S.C. § 1983 against California state prison officials. Defendants filed a motion to dismiss on the grounds that Plaintiff's claims are time-barred. (Docket No. 42.) Defendants also filed a motion to stay discovery (Docket No. 45) until the Court had ruled on their motion to dismiss. The Court granted the stay in part, and allowed Plaintiff an opportunity to submit a limited discovery request within twenty days of the order. (Docket No. 60.) Briefing on Defendants' motion to dismiss was stayed pending resolution of Plaintiff's discovery requests. (Id.)
Plaintiff has filed a "notice of continuance on Plaintiff's opposition to Defendants' motion to dismiss" wherein he states that he "no longer requires discovery at this time." (Docket No. 61.) He requests a 30-day extension of time to file an opposition to Defendants' motion to dismiss. (Id.) The motion is GRANTED.
CONCLUSION
For the foregoing reasons, the Court orders as follows:
1. Plaintiff's motion for a continuance to file an opposition (Docket No. 61) is GRANTED. Plaintiff's opposition to Defendants' motion to dismiss shall be filed with the Court and served on Defendants no later than thirty (30) days from the date this order is filed.
2. Defendants shall file a reply brief no later than fifteen (15) days after Plaintiff's opposition is filed.
3. All other provisions of the Court's "Order after Remand Opening Case" (Docket No. 39) shall remain in effect.
This order terminates Docket No. 61.
IT IS SO ORDERED.
DATED: 7/28/11