Opinion
No. CIV S-02-2689 FCD GGH P.
February 22, 2006
ORDER
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's January 10, 2006, request to vacate the scheduling order. Pursuant to the August 3, 2006, scheduling order, the cut-off date for pretrial motions was January 20, 2006. On February 16, 2006, defendants filed a summary judgment motion after having been granted an extension of time.
Plaintiff claims that he requires additional time to prepare his own summary judgment motion on several grounds. First, plaintiff contends that he has several motions to compel pending before the court. On February 6, 2006, the court issued an order addressing plaintiff's motions to compel.
Plaintiff next argues that he requires additional time to prepare his summary judgment motion because on November 15, 2005, he conducted depositions and has yet to receive the transcripts. Plaintiff alleges that the reporter from the deposition mailed the transcripts to plaintiff's mother, who is prohibited from mailing them to plaintiff. Plaintiff claims that the reporter has refused to permit plaintiff's mother to return the transcripts. Plaintiff states that he may be required to file a lawsuit in state court regarding this matter.
The court will not delay the resolution of this action while plaintiff engages in state court litigation regarding his access to transcripts. The court will grant plaintiff thirty days from the date of this order to file his summary judgment motion as well as his opposition to defendants' motion.
The court will consider a motion filed by plaintiff requesting access to the transcripts.
Plaintiff next states that he requires an extension of time because he only recently reviewed the transcript from his own deposition. Plaintiff states that he will require two weeks before he can obtain a finalized transcript. As stated above, the court will grant plaintiff an extension of thirty days from the date of this order.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's January 10, 2006, request to vacate the scheduling order is denied;
2. Plaintiff is granted thirty days from the date of this order to file his cross-motion for summary judgment and his opposition to defendants' summary judgment.