ALI-X v. MCKISHEN

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

KASEEM ALI-X, 1:12-cv-3147-NLH-KMW

Plaintiff, MEMORANDUM OPINION & ORDER

v.

DAVID MCKISHEN, et al.,

Defendants.

APPEARANCE: Gurbir S. Grewal, Attorney General of New Jersey Kai W. Marshall-Otto, Deputy Attorney General R.J. Hughes Justice Complex 25 Market Street P.O. Box 112 Trenton, NJ 08625 Attorneys for DOC Defendants

HILLMAN, District Judge WHEREAS, Plaintiff Kaseem Ali-X has filed a civil complaint alleging that his legal mail was opened outside of his presence between May 24, 2010 and September 20, 2011 while he was incarcerated at South Woods State Prison, see ECF No. 11; and WHEREAS, Magistrate Judge Karen M. Williams appointed counsel for the limited purpose of assisting Plaintiff with settlement negotiations, see ECF No. 81; and WHEREAS, settlement negotiations have failed to result in an agreement between the parties; and WHEREAS, Defendants filed a Motion for Summary Judgment on May 24, 2019, see ECF No. 89; and WHEREAS, Plaintiff, now proceeding pro se by the terms of Magistrate Judge Williams’ order, has not filed any opposition

to the Motion for Summary Judgment; and WHEREAS, in the interests of justice, the Court shall extend the time for Plaintiff to submit his opposition to the Motion for Summary Judgment for a period of thirty (30) days from the date of this Order; and WHEREAS, Plaintiff is advised that failure to file opposition within the timeframe set by the Court shall result in the Court considering the Motion for Summary Judgment to be unopposed. The Court notes that failure to respond to a motion for summary judgment “is not alone a sufficient basis for the entry of a summary judgment.” Anchorage Assocs. v. Virgin Island Bd. of Tax Review, 922 F.2d 168, 175 (3d Cir. 1990). The

Court must still make an independent determination whether the motion has been properly made and supported and whether granting summary judgment is appropriate. Id.; and WHEREAS, the New Jersey Department of Corrections Inmate Locator indicates that Plaintiff is presently incarcerated in New Jersey State Prison, Trenton, New Jersey, THEREFORE, IT IS on this 6th day of September, 2019 ORDERED that Plaintiff’s time to oppose the Motion for Summary Judgment is extended thirty (30) days from the date of this Order; and it is further ORDERED that failure to file opposition within the timeframe set by the Court shall result in the Court considering

the Motion for Summary Judgment to be unopposed; and it is finally ORDERED that the Clerk of the Court shall serve a copy of this Order on Plaintiff by regular first-class mail at Kaseem Ali-X 000422722B New Jersey State Prison PO Box 861 Trenton, NJ 08625 s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.