(PC) Brooks v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE LEE BROOKS, II, No. 2:22-CV-0062-DMC-P Plaintiff, v. ORDER RAINELLE SMITH, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for judgment on the pleading or summary judgment. See ECF No. 61. Defendant has filed an opposition. See ECF No. 68. Plaintiff has filed a motion for an extension of time to file a reply. See ECF No. 70. Additionally, Plaintiff has filed separate requests for a ruling. See ECF Nos. 77 and 84. The Court first addresses the propriety of considering Plaintiff’s motion as seeking judgment on the pleadings. Motions for judgment on the pleadings under Rule 12(c) are similar to motions under Rule 12(b) in that judgment on the pleadings is appropriate if “. . . it is clear that no relief could be granted under any set of facts that could be proven consistent with the 26 …