Mitchell v. Adams

Full title: ROBERT MITCHELL, Plaintiff, v. D.G. ADAMS, et al., Defendants

Court: United States District Court, E.D. California

Date published: Feb 19, 2008

No. CIV S-06-2321 GEB GGH P (E.D. Cal. Feb. 19, 2008)

Opinion

No. CIV S-06-2321 GEB GGH P.

February 19, 2008

ORDER

GREGORY HOLLOWS, Magistrate Judge

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. By Order, filed on February 4, 2008, defendant Epperson was directed to show cause, within ten days, why the court should not find this defendant in default for failing to file a response to the complaint.

In a timely response to the show cause order, filed on February 7, 2008, defendant has made an adequate showing that the omission was a result of excusable neglect, and has sought a 45-day extension of time to file a response to the complaint on defendant Epperson's behalf.

Accordingly, IT IS ORDERED that:

1. By the February 7, 2008 (# 30), response, defendant Epperson has discharged the February 4, 2008 (# 29) show cause order;

2. Defendant Epperson is granted 45 days to file a response to the complaint; and

3. There will be no further extension of time.