Clinton
Clinton v. Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARKEITH CLINTON Case No.: 3:23-cv-01471-CAB-SBC
CDCR # AY-1315,
ORDER REGARDING MOTION FOR
Plaintiff, ENLARGEMENT OF TIME FOR FACT vs. EVIDENCE [Doc. No. 48]
C. ALLEN, et al.,
15 Defendants. 16 17 18 19 20 21 On February 7, 2025, Plaintiff filed a Second Amended Complaint (“SAC”). [Doc. No. 44.] On February 24, 2025, Defendants filed a motion to dismiss the SAC, with a hearing date (for briefing purposed only) of April 1, 2025. [Doc. No. 47.] Pursuant to ACivLR 7.1.e.2, any opposition to the motion was due on March 18, 2025. To date, no opposition has been filed. On March 18, 2025, Plaintiff filed a motion for enlargement of time for fact evidence/discovery. [Doc. No. 48.] However, motions to dismiss are determined on the 1 || pleadings, and no fact discovery is necessary for Plaintiff to file an opposition. See 2 || Federal Rule of Civil Procedure 12(b)(6); Gant v. Cnty of Los Angeles, 772 F.3d 608, ||614. Accordingly, the…