Opinion
3:11-CV-0116-LRH (VPC)
03-14-2013
KELLY KOERNER, Plaintiff, v. JAMES GREG COX, et al., Defendants.
COUNSEL FOR PETITIONER(S): NONE APPEARING COUNSEL FOR RESPONDENT(S): NONE APPEARING
MINUTES OF THE COURT
PRESENT: THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE DEPUTY CLERK: LISA MANN REPORTER: NONE APPEARING COUNSEL FOR PETITIONER(S): NONE APPEARING COUNSEL FOR RESPONDENT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Plaintiff's motion for reconsideration of order #73 (#75) is DENIED. Plaintiff has been granted an extension of time to Friday, April 12, 2013, a total of 127 days, to file an opposition to defendants' motion for summary judgment (#64).
Again the court acknowledges that plaintiff is experiencing certain medical issues; however, plaintiff has managed to now file five separate motions with the court since the onset of his current medical situation (#s 66, 69, 71, 72 & 75). Perhaps plaintiff's time and effort would be better spent preparing an opposition to defendants' motion for summary judgment (#64). The court will not grant any further extensions of time for any reason.
Plaintiff was given notice of the motion pursuant to the requirements of Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), and Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (#65). Plaintiff is advised that pursuant to Local Rule 7-2(d), the failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion. If plaintiff fails to timely file an opposition, the motion will be submitted to the court for decision as unopposed.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By: _______________
Deputy Clerk