CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERTO ROJAS, by and through No. 2:21-cv-01086 DAD AC

GUARDIAN AD LITEM SERGIO

ROJAS, Plaintiff, ORDER v. CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 18 Plaintiff is a state prisoner proceeding by and through his appointed guardian ad litem in this civil rights action, which was removed from state court on June 18, 2021. All parties are proceeding through counsel. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Currently pending is defendants’ motion to dismiss which is scheduled for a hearing before the undersigned on January 17, 2024. Plaintiff filed his opposition on December 29, 2023 along with a motion for an extension of time to file the untimely opposition due to the excusable neglect of counsel. ECF Nos. 17, 18. Although defendants did not file a formal opposition to the motion for an extension of time, they did…