Calloway v. Veal et al

Filing 83

ORDER GRANTING Plaintiff's 82 Motion to Withdraw Motion for Extension of Time; ORDER WITHDRAWING 80 Motion From Court's Calendar, signed by Magistrate Judge Gary S. Austin on 4/18/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

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Plaintiff,

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1:08-cv-01896-LJO-GSA-PC
ORDER GRANTING PLAINTIFF’S
MOTION TO WITHDRAW MOTION FOR
EXTENSION OF TIME
(Doc. 82.)

vs.
DR. WANG, et al.,

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ORDER WITHDRAWING MOTION FROM
COURT’S CALENDAR
(Doc. 80.)

Defendants.

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Jamisi Jermaine Calloway (“Plaintiff”) is a state prisoner proceeding pro se with this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this

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action on December 10, 2008. (Doc. 1.) This action now proceeds on the Third Amended

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Complaint filed on October 5, 2009, on Plaintiff’s Eighth Amendment claims, against

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defendant Dr. Wang for deliberate indifference to Plaintiff’s serious medical needs, and against

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defendants C/O Hayward and C/O Oaks for use of excessive force.1 (Doc. 20.)

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On March 19, 2013, Plaintiff filed a motion for a ninety-day extension of time to file

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objections to the Magistrate Judge’s Findings and Recommendations issued on February 15,

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2013. (Doc. 80.) On March 21, 2013, Defendants filed a response to the motion for extension

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of time, opposing a ninety-day extension of time as excessive. (Doc. 81.)

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On March 17, 2011, the Court dismissed all other claims and defendants from this action, under Rule 18(a) or for
Plaintiff’s failure to state a claim. (Doc. 24.)

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On April 17, 2013, Plaintiff filed a motion to withdraw the motion for extension of
time. (Doc. 82.) Good cause appearing, Plaintiff’s motion to withdraw shall be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion to withdraw his motion for extension of time is GRANTED;
and

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2.

Plaintiff’s motion for extension of time, filed on March 19, 2013, is
WITHDRAWN from the Court’s calendar.

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IT IS SO ORDERED.
Dated:

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April 18, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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