Ahdom v. Lopez et al

Filing 112

ORDER DIRECTING Defendants to File a Response to Plaintiff's Motion for Temporary Restraining Order 106 , 107 , signed by Magistrate Judge Barbara A. McAuliffe on 4/10/14: Fourteen Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BILAL AHDOM,

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Plaintiff,

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v.

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S. LOPEZ, et al.,

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Defendants.

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Case No.: 1:09-cv-01874-AWI-BAM PC
ORDER DIRECTING DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAINING ORDER
(ECF Nos. 106, 107)
FOURTEEN DAY DEADLINE

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On November 18, 2013, Plaintiff filed a third amended complaint in this action. (ECF No. 90.)

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On December 2, 2013, Defendant Schaefer filed a motion to dismiss for failure to state a claim. (ECF

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No. 94.) On the same date, Defendants Araich, Chen, Lopez, Shittu and Spaeth filed a motion to

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dismiss and Defendant Ashby filed a motion to dismiss. (ECF Nos. 95, 95.) Plaintiff twice requested

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and was granted extensions of time to file his oppositions to the motions. Plaintiff’s opposition was

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due on March 17, 2014. (ECF Nos. 99, 104.)

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In lieu of an opposition, on April 3, 2014, Plaintiff filed a motion for temporary restraining

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order and preliminary injunction, along with multiple requests for judicial notice. Certain papers were

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dated March 11, 2014, before the opposition deadline, and others were dated March 28, 2014, after the

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opposition deadline. (ECF Nos. 106, 107, 108, 109, 110.) Plaintiff reportedly mailed his motion to

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the Court on March 11, 2014, but it was returned by the Clerk of the Court. Plaintiff re-sent his

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motion on March 31, 2014. (ECF No. 109.) Plaintiff filed a fourth request for judicial notice on April

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9, 2014. (ECF No. 111.)
In his papers, Plaintiff complains that correctional officers have been preventing him from

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accessing the law library, his legal documents and other materials. Plaintiff also reports being moved

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from his yard, having his legal papers confiscated and overhearing threats that persons were “going to

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get rid of him.” (ECF No. 111.)

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Given the nature of Plaintiff’s assertions, Defendants are directed to submit a response to

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Plaintiff’s motion for a temporary restraining order within fourteen (14) days after service of this

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order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 10, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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