(PC) Smith v. CDCR Education Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY SMITH, Case No. 1:20-cv-00716-NONE-HBK (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

TO ACCEPT LATE FILING

v. (DOC. NO. 27) CDCR EDUCATION DEPARTMENT,

ORDER DENYING MOTION TO DISMISS

Defendant. FOR LACK OF PROSECUTION AS MOOT

(DOC. NO. 25) 17 18 Pending before the Court, inter alia, is Defendant’s motion to dismiss due to Plaintiff’s lack of prosecution filed on April 2, 2021. (Doc. No. 25). Also pending is Plaintiff’s “motion to accept late filing due to extraordinary circumstances” filed on May 27, 2021. (Doc. No. 27, “Motion”). Defendant filed an opposition to Plaintiff’s motion, attaching a supporting declaration on June 7, 2021. (Doc. No. 28). These matters are ripe for review. As background, after Plaintiff failed to file an opposition to Defendant’s first-in-time motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed on December 24, 2020, Defendant moved…