Perry v. Warden Warren Correctional Institution

1:20-cv-00030 | S.D. Ohio | Apr 11, 2022

Case: 1:20-cv-00030-TSB-PBS Doc #: 108 Filed: 04/11/22 Page: 1 of 2 PAGEID #: 1783

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

MARQUEZ B. PERRY, : Case No. 1:20-cv-30 : Plaintiff, : : District Judge Timothy S. Black vs. : Magistrate Judge Peter B. Silvain, Jr. : WARDEN WARREN CORRECTIONAL : INSTITUTION, et al. , :

: Defendants. : ORDER This matter is before the Court upon Plaintiff’s Motion for Stay and Abeyance (Doc. #101); Plaintiff’s Motion for a Stay and Abeyance (Doc. #103); Defendants’ Response Opposing Plaintiff’s Motion (Doc. #104); Defendants’ Supplemental Response (Doc. #105); and Plaintiff’s Reply (Doc. #106).

In Plaintiff’s first motion, he asks the Court to stay his proceedings until his “current P.C. Investigation is Completed.” (Doc. #101, PageID #1748). Plaintiff has had ample time for discovery and, as addressed below, will be given additional time for dispositive motions. Accordingly, Plaintiff’s Motion for Stay and Abeyance (Doc. #101) is DENIED .

In Plaintiff’s second motion, he requests a 90-day extension of time to file his dispositive motion and a 90-day extension of time to respond to Defendants’ Motion for Summary Judgment. (Doc. #103, PageID #s 1753-54). According to Plaintiff, he has not had access to his case file, the law library, or a legal clerk. Id. Defendants oppose Plaintiff’s motion, asserting that Plaintiff’s request is unreasonable and not well-founded. (Doc. #104). Case: 1:20-cv-00030-TSB-PBS Doc #: 108 Filed: 04/11/22 Page: 2 of 2 PAGEID #: 1784

For good cause shown, Plaintiff’s second motion (Doc. #103) is GRANTED . Plaintiff’s response to Defendants’ Motion for Summary Judgment (Doc. #87) shall be filed by May 15, 2022. Plaintiff’s dispositive motion shall be filed by June 1, 2022. No further extensions will be granted. Plaintiff shall be provided access to his case file and legal resources in order to prepare his dispositive motion and his response to Defendants’ Motion for Summary Judgment.

IT IS SO ORDERED.

s/ Peter B. Silvain, Jr. April 11, 2022 Peter B. Silvain, Jr. United States Magistrate Judge

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