Bradley v. Villa et al

Filing 23

ORDER Granting Plaintiff's Motion 22 , signed by Magistrate Judge Gary S. Austin on 5/22/13. 30-Day Deadline in Which to Return Service Documents to Court. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:10-cv-01618-LJO-GSA-PC

WILLIAM BRADLEY,

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Plaintiff,

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vs.

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ORDER GRANTING PLAINTIFF’s
MOTION
(Doc. 22.)

J. VILLA, et al.,

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THIRTY DAY EXTENSION OF TIME IN
WHICH TO RETURN SERVICE
DOCUMENTS TO COURT

Defendants.

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William Bradley (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. §1983.

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commencing this action on September 8, 2010. (Doc. 1.) On April 16, 2013, the court issued

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an order requiring Plaintiff to complete and return documents to the court to enable service of

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process upon defendants, within thirty days. (Doc. 21.) On May 16, 2013, Plaintiff filed a

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motion requesting assistance from the court. (Doc. 22.)

Plaintiff filed the Complaint

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Plaintiff asserts that he is unable to comply with the court’s order within thirty days

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because he has not been granted access to the law library to make copies. Plaintiff explains that

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he has requested law library access and notified prison officials of his court deadline, but he has

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not been allowed to attend the law library. Plaintiff requests a court order requiring the Warden

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and the Librarian to allow him to attend the law library and make copies, so that he can comply

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with the court’s order.
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The court lacks jurisdiction to issue the order sought by Plaintiff. See Zepeda v. United

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States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985). However, Plaintiff shall be

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granted a thirty-day extension of time in which to return the service documents to the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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GRANTED; and

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2.

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Plaintiff’s motion requesting the court’s assistance, filed on May 16, 2013, is

Within thirty days of the date of service of this order, Plaintiff shall complete

and return the service documents to the court, pursuant to the court’s order of April 16, 2013.

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IT IS SO ORDERED.
Dated:

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May 22, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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