(PC) Salazar v. Campbell et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN DAVID SALAZAR,
Plaintiff,
v.
CAMPBELL, et al.,
Defendants.
Case No. 1:26-cv-00819-BAM (PC)
ORDER GRANTING DEFENDANTS’ EX
PARTE APPLICATION FOR EXTENSION OF
TIME TO FILE RESPONSIVE PLEADING
(ECF No. 15)
Plaintiff John David Salazar (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
Plaintiff’s first amended complaint against Defendants Gonzalez and Campbell for
unconstitutional conditions of confinement in violation of the Eighth Amendment.
Pursuant to the Court’s August 13, 2026 order finding service of the first amended
complaint appropriate and directing electronic service, Defendants’ answer or other responsive
pleading is due on or before October 19, 2026. (See ECF Nos. 10, 12.)
Currently before the Court is Defendants’ ex parte application requesting a 28-day
extension of time to respond to the first amended complaint, filed October 14, 2026. (ECF No.
15.) Plaintiff has not yet had an opportunity to file a response, but the Court finds a response is
unnecessary. The ex parte application is deemed submitted. Local Rules 144, 230(l).
According to the declaration submitted in support of the application, counsel for
Case 1:26-cv-00819-BAM Document 16 Filed 10/15/26 Page 1 of 2

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Defendants was assigned this action on August 16, 2026. Since that time, counsel has
commenced review of the case and requested documents from the California Department of
Corrections and Rehabilitation. (ECF No. 15 at 3, ¶¶ 4, 5.) Defense counsel indicates that more
time is required to contact her clients and adequately investigate this case to prepare a responsive
pleading. (Id. ¶ 6.) Counsel declares that good cause exists for the requested extension due to the
press of other business. Counsel requires additional time to confer with Defendants, complete a
factual investigation, and prepare a responsive pleading. (Id. ¶ 7.)
Having considered the application, the Court finds good cause to grant the requested
extension of time. Fed. R. Civ. P. 6(b). The Court also finds that Plaintiff will not be prejudiced
by the brief extension of time granted here. A discovery and scheduling order has not been issued
and there are no other deadlines pending in this action. Defendants are cautioned that further
requests for extensions of time must be supported by a demonstrated showing of good cause,
which will be narrowly construed.
Accordingly, it is HEREBY ORDERED as follows:
1. Defendants’ ex parte application for extension of time to file responsive pleading
(ECF No. 15) is GRANTED.
2. Defendants shall file a response to the first amended complaint on or before
November 16, 2026.
IT IS SO ORDERED.
Dated: October 15, 2026 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE
Case 1:26-cv-00819-BAM Document 16 Filed 10/15/26 Page 2 of 2