Porter v. Wegman et al
ORDER Denying Plaintiff's 183 Motion for Extension of Time or Excuse for Late Filing as Moot, signed by Magistrate Judge Barbara A. McAuliffe on 8/4/17. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BRIAN ELLIS PORTER,
Case No. 1:10-cv-01500-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME OR EXCUSE
FOR LATE FILING AS MOOT
(ECF No. 183)
Plaintiff Brian Ellis Porter (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. All parties have consented to
magistrate judge jurisdiction. (ECF Nos. 5, 150.) This matter is set for trial on August 29, 2017.
Currently before the Court is Plaintiff’s motion for extension of time or excuse for late
filing. (ECF No. 183.) Plaintiff essentially seeks an extension of time, nunc pro tunc, for the late
filing of his motion in limine, witness information update, and the submission of his trial exhibits
The Court notes that Plaintiff’s motions in limine, if any, and the information concerning
the location of witness Rabbi Paul Shleffar were both due on July 17, 2017. (See ECF Nos. 167,
169, 179.) Although Plaintiff’s motion in limine and update of witness information were not
docketed until July 24, 2017, both documents include proofs of service by mail dated July 17,
2017. Pursuant to the prison mailbox rule, a pleading filed by a pro se prisoner is deemed to be
filed as of the date the prisoner delivered it to the prison authorities for mailing to the court clerk.
See Houston v. Lack, 487 U.S. 266, 270 (1988); Douglas v. Noelle, 567 F.3d 1103, 1108–09 (9th
Cir. 2009) (mailbox rule articulated in Houston applies to civil rights actions). Thus, contrary to
Plaintiff’s assertions, Plaintiff’s motion in limine and update of witness information were timely
filed, and the motion for extension of time is now moot.
With respect to the submission of Plaintiff’s trial exhibits to Defendant, this issue was
discussed with the parties on the record at the status conference of July 27, 2017.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for extension of time or
excuse for late filing (ECF No. 183) is DENIED as moot.
IT IS SO ORDERED.
August 4, 2017
UNITED STATES MAGISTRATE JUDGE
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