(PC) Kornfeld v. Management & Training Corp. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAY J. KORNFELD, Case No. 1:21-cv-00847-NONE-BAM (PC) 12 Plaintiff, ORDER CONSTRUING PLAINTIFF’S MOTION TO FILE AMENDED COMPLAINT 13 v. AND LODGED FIRST AMENDED COMPLAINT AS AN OPPOSITION TO 14 MANAGEMENT & TRAINING CORP., DEFENDANTS’ MOTION TO DISMISS et al., (ECF Nos. 22, 23) 15 Defendants. ORDER EXTENDING DEADLINE FOR 16 DEFENDANTS TO FILE REPLY TO PLAINTIFF’S OPPOSITION 17 (ECF No. 68) 18 FOURTEEN (14) DAY DEADLINE 19 20 Plaintiff Ray J. Kornfeld (“Plaintiff”) is a former federal prisoner proceeding pro se in this 21 civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 22 403 U.S. 388 (1971). 23 On August 30, 2021, Defendants filed a motion to dismiss, which was served on August 24 31, 2021. (ECF No. 11.) Following two extensions of time, Plaintiff’s opposition was due on or 25 before October 30, 2021. (ECF Nos. 18, 20.) 26 On November 1, 2021, Plaintiff filed a response to the motion to dismiss in the form of a 27 motion to file an amended complaint and lodged a proposed first amended complaint. (ECF Nos. 28 22, 23.) 1 As it appears Plaintiff intends for the motion to file an amended complaint to be his 2 response to the motion to dismiss, the Court construes the motion as Plaintiff’s opposition to 3 Defendants’ motion to dismiss. Therefore, Defendants may respond to the opposition with a brief 4 reply. Once Defendants’ reply is filed, the motion to dismiss (and the request to amend included 5 in Plaintiff’s opposition brief) will be deemed submitted. 6 Accordingly, IT IS HEREBY ORDERED that within fourteen (14) days from the date of 7 service of this order, Defendants shall file a reply brief, if any, in response to Plaintiff’s 8 opposition to the motion to dismiss, (ECF Nos. 22, 23). 9 IT IS SO ORDERED. 10 11 Dated: November 3, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28