Adoc
Jenghiz Stewart v. Adoc
Opinion
Opinion
MEMORANDUM
Jenghiz K. Stewart appeals the district court’s order granting summary judgment. We affirm. Because the parties are familiar with the factual and legal history of this case, we need not recount it here.
I
The district court did not abuse its discretion in striking untimely filed pleadings. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir.1992) (describing standard). Stewart filed his response in opposition to Defendants’ summary judgment motion 26-days past the court’s final filing deadline. Prior to filing his response, Stewart had requested multiple extensions. The district court, noting the challenges that Stewart faced as an incarcerated pro se litigant, granted many of these extension requests. Eldridge v. Block, 882 F.2d 1132, 1136 (9th Cir.1987). But a district court need not extend deadlines indefinitely. Stewart failed to demonstrate any excusable neglect for his untimely filing. See Pioneer Inv. Servs. Co. v. Brunswick Assoc. Ltd. P’ship, 507 U.S. 380, 395 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993).
Under these circumstances, the district court did not abuse its discretion in granting the Motion to Strike the untimely response.