Legal Opinion

(PC) Smith v. CDCR Education Department

District Court, E.D. California

Decided August 23, 2021No. 1:20-cv-00716Unknown

1Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY SMITH, Case No. 1:20-cv-00716-NONE-HBK (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO ACCEPT LATE FILING 13 v. (DOC. NO. 27) 14 CDCR EDUCATION DEPARTMENT, ORDER DENYING MOTION TO DISMISS 15 Defendant. FOR LACK OF PROSECUTION AS MOOT 16 (DOC. NO. 25) 17 18 19 Pending before the Court, inter alia, is Defendant’s motion to dismiss due to Plaintiff’s 20 lack of prosecution filed on April 2, 2021. (Doc. No. 25). Also pending is Plaintiff’s “motion to 21 accept late filing due to extraordinary…

2Cases cited2 opinions

  1. David P. Pagtalunan v. George Galaza, Warden Thomas Maddock, Acting Director, California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2002
  2. CPT Corp. v. Daewoo International (America) Corp.Court of Appeals for the Eighth Circuit · 1994

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