Cantu v. Garcia et al

Filing 158

ORDER Extending Time for Plaintiff to File Objections, signed by Magistrate Judge Dennis L. Beck on 1/28/16: Twenty-One Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA J. CANTU,

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Plaintiff,

Case No. 1:09-cv-00177 DAD DLB PC
ORDER EXTENDING TIME FOR
PLAINTIFF TO FILE OBJECTIONS

v.
TWENTY-ONE DAY DEADLINE

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M. GARCIA, et al.,
Defendants.

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Plaintiff Joshua J. Cantu (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on January 15, 2009, in the

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Northern District of California, and it was transferred to this Court on January 26, 2009. The action

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is proceeding on Plaintiff’s June 6, 2013, Second Amended Complaint for (1) an Eighth Amendment

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excessive force claim against Defendant Garcia; and (2) an Eighth Amendment failure to protect

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claim against Defendants Goree and Baptiste.

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On December 15, 2015, the Court issued Findings and Recommendations regarding the

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parties’ motion for summary judgment. The Findings and Recommendations contained notice that

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any objections were to be filed within thirty (30) days.

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On January 4, 2016, Plaintiff filed a notice of appeal, even though the Findings and
Recommendations are not a final, appealable order. He did not file objections.

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As an appeal is not the proper method for objecting to the Findings and Recommendations,

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the Court will grant Plaintiff an additional twenty-one (21) days within which to file objections. If

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Plaintiff does not file objections within this time frame, the Findings and Recommendations will be

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submitted to the District Court without the benefit of Plaintiff’s input.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 28, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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