Rhodes v. Robinson, et al

Filing 257

ORDER Directing Clerk of the Court to Re-Issue December 19, 2011, Findings and Recommendations signed by Magistrate Judge Dennis L. Beck on 02/09/2012. Objections to F&R due by 3/5/2012; Response to Defendants' January 17, 2012 Objections due by 3/19/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KAVIN M. RHODES,

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CASE NO. 1:02-CV-05018-LJO-DLB PC

Plaintiff,

ORDER DIRECTING CLERK OF THE
COURT TO RE-ISSUE DECEMBER 19, 2011
FINDINGS AND RECOMMENDATIONS

v.
M. ROBINSON, et al.,

PLAINTIFF’S OBJECTIONS DUE WITHIN
TWENTY-ONE DAYS

Defendants.

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Plaintiff Kavin M. Rhodes (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 9, 2011, Plaintiff filed

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his third amended complaint, a supplemental complaint pursuant to Rule 15(d) of the Federal

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Rules of Civil Procedure. On June 24, 2011, Defendants Blevins, Huebner, Lopez, Malone,

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Nelson, Pazo, Robertson, Robinson, and Tidwell filed a motion to dismiss. On December 19,

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2011, the Court issued a Findings and Recommendations, screening the supplemental complaint

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and recommending Defendants’ motion be granted in part. Doc. 254. On January 17, 2012,

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Defendants filed their objections. On January 27, 2012, Plaintiff filed his objections.

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In his objections, Plaintiff contends that he has not received a copy of the December 19,

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2011 Findings and Recommendations, and thus is unable to file a meaningful objection. In the

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interest of justice, the Court will direct the Clerk of the Court to re-serve the December 19, 2011

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Findings and Recommendations on Plaintiff. The parties will be provided an opportunity to file

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responses to the other parties’ objections.
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Accordingly, it is HEREBY ORDERED that:

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1.

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2011 Findings and Recommendations, concurrently with this order;
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3.

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Defendants are provided fourteen (14) days from the date of service of Plaintiff’s
objections, if any, in which to file a response; and

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Plaintiff is provided twenty-one (21) days from the date of service of this order in
which to file objections;

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The Clerk of the Court is directed to re-serve Plaintiff with the December 19,

Plaintiff is provided thirty-five (35) days from the date of service of this order in
which to file a response to Defendants’ January 17, 2012 objections.

IT IS SO ORDERED.
Dated:
3b142a

February 9, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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