Jones et al v. California Department of Corrections et al

Filing 99

ORDER Requiring Plaintiff To Submit Additional Briefing (Document 98 ), signed by Magistrate Judge Dennis L. Beck on 2/10/2015.(Filing Deadline: 2/20/2015) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK JONES,

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Plaintiff,

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ORDER REQUIRING PLAINTIFF TO
SUBMIT ADDITIONAL BRIEFING

v.

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Case No. 1:08cv-00069-LJO-DLB PC

COUCH,

(Document 98)
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Defendant.

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Plaintiff Mark Jones (“Plaintiff”) is a California state prisoner proceeding pro se and in forma

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pauperis in this civil action pursuant to 42 U.S.C. § 1983.
Pursuant to the Ninth Circuit’s remand, the Court set an evidentiary hearing on the issue of

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exhaustion for December 8, 2014. However, Plaintiff was unable to attend the hearing because of a

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medical issue.
After a December 18, 2014, status conference, the evidentiary hearing was set for March 2,

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2015.
On February 5, 2015, Plaintiff filed a motion for an extension of time. He states that during

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rehousing, many of his legal documents were lost. Plaintiff requests a thirty-day extension of the

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hearing date so that he can be transferred back to CSP-Sacramento, where he has copies of

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documents, or get his legal property delivered to Corcoran State Prison.

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Given Plaintiff’s position on the exhaustion issue, it seems that only his testimony is

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necessary at the hearing. However, the Court will permit Plaintiff an opportunity to explain why he

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needs documentary evidence. Plaintiff SHALL provide this explanation to the Court within ten (10)

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days of the date of service of this order. The Court will rule on Plaintiff’s request for an extension

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after evaluating Plaintiff’s response.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

February 10, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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