Ahdom v. Lopez et al

Filing 234

ORDER DIRECTING Clerk's Office to Re-Serve March 8, 2018 232 Findings and Recommendations on Plaintiff; ORDER EXTENDING Deadline to File Objections to Findings and Recommendations, signed by Magistrate Judge Barbara A. McAuliffe on 3/13/18. Fourteen Day Deadline. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BILAL AHDOM, 12 13 14 Plaintiff, v. Defendants. 16 20 ORDER EXTENDING DEADLINE TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS FOURTEEN (14) DAY DEADLINE 17 19 ORDER DIRECTING CLERK’S OFFICE TO RE-SERVE MARCH 8, 2018 FINDINGS AND RECOMMENDATIONS (ECF No. 232) ON PLAINTIFF LOPEZ, et al., 15 18 Case No. 1:09-cv-01874-AWI-BAM (PC) Plaintiff Bilal Ahdom (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 6, 2018, a telephonic hearing was held on Defendants’ pending motion for 21 terminating sanctions. At the hearing, argument was heard on the record from all parties. On 22 March 8, 2018, the Court issued findings and recommendations that Defendants’ motion for 23 terminating sanctions be granted and this action dismissed for failure to comply with a court 24 order. (ECF No. 232.) The parties were advised to file any objections within fourteen (14) days. 25 (Id. at 15.) 26 Currently before the Court is Plaintiff’s notice of change of address and attached 27 “Administrative Notice of Litigative Ability,” which is dated March 3, 2018, and was filed with 28 the Court on March 9, 2018. (ECF No. 233.) Plaintiff states that he was “adversely” transferred 1 1 to Salinas Valley State Prison on February 28, 2018. Plaintiff states that upon arrival, he 2 discovered that his electrical appliances, including his typewriter, were destroyed. In addition, 3 Plaintiff learned on or about March 3, 2018 that the facility law library is open a maximum of two 4 days per week, and may only be accessed by inmates who are on a list and called to the library by 5 the librarian. Plaintiff argues that he has been adversely affected by the transfer, and his ability to 6 effectively research and prepare proper court filings are also potentially affected by the transfer.1 7 (Id.) Pursuant to Plaintiff’s notice of change of address, the Court finds it appropriate to re- 8 9 10 serve the March 8, 2018 findings and recommendations and to allow Plaintiff a brief extension of time to file any objections. 11 Accordingly, it is HEREBY ORDERED that: 1. The Clerk of the Court is DIRECTED to re-serve the Court’s March 8, 2018 findings and 12 13 recommendations, (ECF No. 232), on Plaintiff at his current address of record; 2. Plaintiff shall file any written objections to the Court’s findings and recommendations 14 15 fourteen (14) days from the date of service of this order; and 16 3. No extensions of time will be granted without a showing of good cause. 17 18 IT IS SO ORDERED. 19 Dated: /s/ Barbara March 13, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 1 The Court notes that, although provided with the opportunity to do so at the March 6, 2018 hearing, Plaintiff did not inform the Court that he had been transferred to another institution one week earlier, or that he had any concerns regarding his property or access to the institution’s law library. In addition, while Plaintiff states that his affidavit is in support of his pending motion to compel and his opposition to Defendants’ motion for sanctions, he does not request any particular relief. In an abundance of caution, the Court has reviewed the affidavit in reference to Defendants’ motion for sanctions and Plaintiff’s motion to compel, and it does not change the Court’s analysis in the pending findings and recommendations. 2

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