K'napp v. Adams et al

Filing 128

ORDER GRANTING 127 Plaintiff's Request for Clarification of Deadline; ORDER Extending Deadlines Established in Court's Order of March 11, 2014; and ORDER GRANTING Plaintiff' Thirty Day Deadline to Serve New Requests for Admissions signed by Magistrate Judge Gary S. Austin on 5/7/2014. Discovery due by 8/15/2014. Dispositive Motions filed by 10/15/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC CHARLES RODNEY K’NAPP,

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Plaintiff,

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vs.

1:06-cv-01701-LJO-GSA-PC
ORDER GRANTING PLAINTIFF’S
REQUEST FOR CLARIFICATION OF
DEADLINE
(Doc. 127.)

D. G. ADAMS, et al.,

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Defendants.

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ORDER EXTENDING DEADLINES
ESTABLISHED IN COURT’S ORDER OF
MARCH 11, 2014
(Doc. 123.)

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THIRTY DAY DEADLINE FOR PLAINTIFF
TO SERVE NEW REQUESTS FOR
ADMISSIONS

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New Deadline to Complete Discovery:

08/15/14

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New Deadline To File Dispositive Motions:

10/15/14

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I.

BACKGROUND
Eric Charles Rodney K’napp (“Plaintiff”) is a state prisoner proceeding pro se with this

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civil rights action filed pursuant to 42 U.S.C. § 1983.

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commencing this action on November 22, 2006. (Doc. 1.) This action now proceeds on the

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Second Amended Complaint filed by Plaintiff on November 13, 2008, against defendants

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Warden Derral G. Adams, Lieutenant (“Lt.”) E. Smith, Lt. J. T. Tucker, Associate Warden S.

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Sherman, and D. Selvy (Classification Services Representative), for retaliating against Plaintiff

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by confining him in Ad-Seg under false pretenses and transferring him to another prison, and
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Plaintiff filed the Complaint

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against defendants K. Motty, Sgt. C. Pugliese, Lt. Smith, R. Guerrero, Appeals Coordinator

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Cooper, Appeals Coordinator V. R. Garcia, Appeals Coordinator R. Hall, and Does 1-5

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(Mailroom Workers) for interfering with his right to send mail in violation of the First

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Amendment.1 (Doc. 16.)

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On May 1, 2014, Plaintiff filed a request for the court to clarify the deadline for Plaintiff

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to serve new Requests for Admissions upon Defendants, pursuant to the court’s order of March

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11, 2014. Plaintiff seeks an extension of the deadline because of the passage of time while

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Plaintiff’s motion for reconsideration of the March 11, 2014 order, and motion for

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disqualification of the Magistrate Judge were being resolved.

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Good cause appearing, Plaintiff’s request shall be granted, and the deadlines established
in the court’s order of March 11, 2014 shall be extended.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s request for clarification of the deadline for Plaintiff to serve new

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Requests for Admissions, pursuant to the court’s order of March 11, 2014, is

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GRANTED;

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2.

Plaintiff is granted thirty days from the date of service of this order in which to

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serve new Requests for Admissions upon Defendants, as instructed by the

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March 11, 2014 order;

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3.

The deadline for the completion of discovery, including filing of motions to

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compel, is extended from June 30, 2014 to August 15, 2014, for all parties to

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this action; and

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On March 12, 2012, Plaintiff’s claims for retaliation based on allegations that defendants (1) denied him
indigent correspondence supplies, (2) delayed his mail, (3) obstructed his outgoing mail, (4) denied him all but the
May 2005 issue of his subscription of Prison Legal News, (5) issued a false disciplinary write-up against Plaintiff
for having a clothesline inside his cell, and (6) instructed CDCR personnel at SATF to limit Plaintiff to a sixtyminute non-contact visit with a visitor who had come over 250 miles to see him, were dismissed by the Court
based on Plaintiff’s failure to exhaust remedies before filing suit. (Doc. 88.) The Court also dismissed defendants
Meaders, Cuevas, and Johnson from this action, based on Plaintiff’s failure to exhaust remedies for the claims
against them before filing suit. (Id.) All other claims and defendants, other than those listed above, were
dismissed from this action by the Court on August 17, 2009, based on Plaintiff s failure to state a claim. (Doc.
29.)
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4.

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The deadline for filing and serving pretrial dispositive motions is extended from
August 29, 2014 to October 15, 2014, for all parties to this action.

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IT IS SO ORDERED.
Dated:

May 7, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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