Ahdom v. Lopez et al

Filing 133

ORDER GRANTING Plaintiff's 132 Motion for Extension of Time to File Motion for Appointment of Counsel (Thirty Day Deadline); ORDER GRANTING Extension of Time to Respond to Pending Motions to Dismiss (Sixty Day Deadline), signed by Magistrate Judge Barbara A. McAuliffe on 11/3/14. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) 1:09-cv-01874-AWI-BAM (PC)
)
Plaintiff,
) ORDER GRANTING PLAINTIFF’S
) MOTION FOR EXTENSION OF TIME TO
v.
) FILE MOTION FOR APPOINTMENT OF
) COUNSEL
S. LOPEZ, et al.,
) (ECF No. 132)
)
Defendants.
) ORDER GRANTING EXTENSION OF
) TIME TO RESPOND TO PENDING
) MOTIONS TO DISMISS
)
)
)
______________________________________________________________________________
Plaintiff Bilal Ahdom (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On December 2, 2013,

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Defendants filed three separate motions to dismiss. On December 26, 2013, Plaintiff requested

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an extension of time to file his oppositions to the motions to dismiss. The Court granted his

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request and Plaintiff’s oppositions to the motions to dismiss were due on or before February 13,

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2014. (ECF No. 99.) On February 13, 2014, Plaintiff requested a second extension of time to

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file his oppositions to the motions to dismiss. The Court granted his request and Plaintiff’s

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oppositions to the motions to dismiss were due on or before March 17, 2014. (ECF No. 104.)

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BILAL AHDOM,

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On April 3, 2014, Plaintiff filed a motion for temporary restraining order. Following

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denial of his motion, Plaintiff submitted an interlocutory appeal to the Ninth Circuit Court of

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Appeals. On October 1, 2014, the Ninth Circuit granted Plaintiff’s request for voluntary

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dismissal of his interlocutory appeal and issued its mandate. (ECF No. 130.)
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On October 6, 2014, the Court ordered Plaintiff to file an opposition or statement of nonopposition to Defendants’ motions to dismiss within twenty-one (21) days. (ECF No. 131.)
In lieu of an opposition, Plaintiff filed a motion requesting a thirty-day extension of time

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to prepare and file a motion for the appointment of counsel. According to the motion, Plaintiff

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claims that he is not capable of prosecuting this action because of his current physical and

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cognitive functioning. Plaintiff reportedly suffered a stroke and experiences severe lumbar pain

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for which he is taking high doses of morphine. He is confined to a wheelchair and needs

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assistance with day-to-day activities. (ECF No. 132.)

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Based on Plaintiff’s assertions, the Court will grant him a thirty-day extension of time to

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file a motion for appointment of counsel. Plaintiff’s motion, if any, should be supported by

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current medical records or prison chronos detailing Plaintiff’s current mental and physical

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functioning.

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Additionally, the Court will grant Plaintiff a corresponding extension of time to file his
oppositions to the pending motions to dismiss.

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For the reasons stated, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time to prepare and file a motion for the

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appointment of counsel is GRANTED;
2. Plaintiff shall file and serve his motion for appointment of counsel within thirty-days

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(30) from the date of this order;

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3. Plaintiff is granted a sixty-day (60) extension of time to file his opposition or

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statement of non-opposition to Defendants’ pending motions to dismiss; and

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4. Plaintiff is warned that the failure to comply with this order will result in

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dismissal of this action, with prejudice, for failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 3, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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