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(PC) Green v. Link

Good Law
United States District Court, Eastern District of CaliforniaSeptember 2, 20202:19-cv-01324California932 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VENCIL GREEN, No. 2:19-cv-1324 JAM KJN P Plaintiff, v. ORDER J. LINK, Defendant. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. Defendant filed a motion to stay plaintiff’s motion for summary judgment or, in the alternative, to grant an extension of time to oppose the motion. On August 20, 2020, plaintiff filed a statement of nonopposition to the motion, but notes his preference that the court stay his motion rather than dismiss it in light of his difficulties in obtaining photocopies. Federal Rule of Civil Procedure 56(d) authorizes district courts to defer considering a motion for summary judgment if “a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition[.]” Fed. R. Civ. P. 56(d)(1). “The party seeking a Rule 56(d) continuance bears the burden of proffering facts sufficient…

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