Opinion
No. CIV S-05-2512 GEB KJM P.
August 16, 2007
ORDER
Plaintiff is a state prison inmate proceeding pro se with a civil rights action. On May 18, 2007, defendants filed a motion for an extension of time in which to respond to plaintiff's first amended complaint and on July 6, 2007, filed a motion to dismiss for failure to state a claim. The court grants defendants' request for an extension of time nunc pro tunc and deems the motion to dismiss to be timely filed.
On July 6, 2007, plaintiff filed a motion for entry of a default judgment. Defendants have filed a motion to dismiss, which the court has deemed timely.
On July 26, 2007 plaintiff filed a request for an extension of time to file and serve an opposition to defendants motion to dismiss.
IT IS HEREBY ORDERED that:
1. Defendants' May 18, 2007 request for an extension of time is granted and the motion to dismiss filed July 6, 2007 is deemed timely;
2. Plaintiff's July 6, 2007 motion for the entry of a default judgment is denied;
3. Plaintiff's July 26, 2007 request for an extension of time is granted; and
4. Plaintiff shall file and serve his opposition to defendants' motion to dismiss on or before August 21, 2007. Defendants' reply, if any, shall be filed seven days thereafter