Herndon v. The State of Nevada ex rel NDOC ( 2023 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 kkK* 4 THOMAS WRAY HERNDON, Case No. 3:22-CV-00271-ART-CLB 5 Plaintiff, ORDER TO FILE OPPOSITION TO 6 MOTION FOR SUMMARY JUDGMENT V. 7 THE STATE OF NEVADA ex rel NDOC, et. al., 8 Defendants. 9 10 On November 29, 2023, Defendants filed a motion for summary judgment. (ECF 11 No. 37.) Plaintiff was given notice of the motion pursuant to the requirements of Klingele 12 v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), and Rand v. Rowland, 154 F.3d 952 (9th 13 Cir. 1998) (ECF No. 38). On December 27, 2023, the Court received a document from 14 Plaintiff titled “Request for Submission on Motion” (ECF No. 39). The document is not 15 responsive to the motion for summary judgment, but instead asks for appointment of 16 counsel, states that law library access is limited, and states—without evidence or 17 support—that Defendants’ motion for summary judgment should be denied. (/d.) 18 Accordingly, in light of Plaintiff's filing, the Court will sua sponte grant Plaintiff one 19 extension of time to January 26, 2024, to file an opposition to the motion for summary 20 judgment. No further extensions of time shall be granted. If Plaintiff fails to file an 21 opposition, the motion will be submitted to the court for decision. 22 IT IS SO ORDERED. 23 DATED: December 27, 2023. 24 ‘ 25 □ 26 UNITED STATES\MAGISTRATE JUDGE 27 28