Opinion
21 CVI865(VB)
06-15-2021
JONTE ANDREW WUNNER, Plaintiff, v. CHIEF H. SMITH, CAPTAIN J. GINTY, LIEUTENANT C. BINI, SERGEANT C. ZAYAS, SERGEANT M. SHENE, CORPORAL J. WILCOX, DEPUTY M. GORR, DEPUTY SAWALL, and DEPUTY S. CUNNINGHAM, Defendants.
ORDER
Vincent L. Briccetti, United States District Judge.
Plaintiff, who is incarcerated and proceeding pro se and in forma pauperis, commenced this action by filing a complaint on March 1, 2021. (Doc. #1). On March 19, 2021, the Court issued an Order of Service directing the Clerk to deliver to the U.S. Marshals Service all documents necessary to effect service on defendants. (Doc. #7).
On March 22, 2021, the Clerk issued summonses to all defendants. (Doc. #8). On May 24, 2021, the Marshals Service filed on the docket executed acknowledgements of receipt of summons and complaint for all defendants, stating each defendant was served by mail on April 21, 2021. (Docs. ##20-28). Accordingly, each defendant has until June 21, 2021, to answer, move, or otherwise respond to the complaint.
On June 14, 2021, defendant Sergeant C. Zayas filed a motion to dismiss. (Doc. #29). Pursuant to Federal Rule of Civil Procedure 6 and Local Civil Rule 6.1, plaintiff s opposition to Sergeant C. Zayas's motion to dismiss would ordinarily be due 17 days from the filing of the motion, or on July 1, 2021.
However, because the defendants are separately represented, and because the time for each defendant to answer, move, or otherwise respond to the complaint has not yet expired, plaintiffs time to oppose defendant Zayas's motion to extended to July 26, 2021.
To be clear, if other defendants move to dismiss the complaint, plaintiff is instructed to file one opposition to all motions to dismiss by July 26, 2021.
The time for the remaining defendants to answer, move, or otherwise respond to the complaint remains June 21, 2021.
Chambers will mail a copy of this Order to plaintiff at the address listed on the docket. Plaintiff is reminded to notify the Court in writing if his address changes, and that the Court may dismiss the action if plaintiff fails to do so.
SO ORDERED.