Mitchell v. Schriro et al

Filing 36

ORDER granting 34 Ex Parte Motion for Production of Documents to the extent that the Clerk of the Court shall mail complete copies of documents nos. 1, 12, 14, 23 and 24 to the petitioner. FURTHER ORDERED denying as premature 35 Motion for Recon sideration FURTHER ORDERED granting 35 Motion for Extension of Time, to the extent that the petitioner shall file hisobjections to the Magistrate Judges Report and Recommendation 33 nolater than 6/30/10. Signed by Judge Paul G Rosenblatt on 5/25/10.(MAP)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

David Mitchell, Petitioner, vs. Charles L. Ryan, et al., Respondents.

) ) ) ) ) ) ) ) )

No. CV-08-1463-PHX-PGR (DKD)

ORDER

)

IT IS ORDERED that the petitioner's Ex Parte Request for Production of Documents (doc. #34) is granted to the extent that the Clerk of the Court shall mail complete copies of documents nos. 1, 12, 14, 23 and 24 to the petitioner. IT IS FURTHER ORDERED that the petitioner's Motion for Reconsideration (doc. #35) is denied as premature.1

1

The Court notes that there is nothing to reconsider as the Court has not yet ruled on the petitioner's Motion for Order Directing Respondents to Allow Petitioner Access to the Prison Library or, Alternatively, Allow Petitioner to Borrow Legal Research Materials from the Library, or Show Cause why Petitioner Should not be Granted the Relief Sought Herein (doc. #29). The "ruling" referred to by the petitioner in his Motion for Reconsideration is merely the Magistrate Judge's recommendation in his Report and Recommendation that the petitioner's motion be denied and the Court has yet to accept or reject that recommendation..

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

IT IS FURTHER ORDERED that the petitioner's Request for Enlargement of Time (doc. #35) is granted to the extent that the petitioner shall file his objections to the Magistrate Judge's Report and Recommendation (doc. #33) no later than June 30, 2010. DATED this 25th day of May, 2010.

-2-