Smith v. Allison et al

Filing 77

ORDER Granting Plaintiff's First Motion To Extend Time To File Opposition And Granting His Requests For Return Of Exhibits (Docs. 73 , 74 , 75 ), 21-Day Deadline, signed by Magistrate Judge Jennifer L. Thurston on 8/12/2014.(Opposition Deadline: 9/5/2014) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,
v.
K. ALLISON, et al,
Defendants.

1:10-cv-01814-LJO-JLT (PC)
ORDER GRANTING PLAINTIFF’S FIRST
MOTION TO EXTEND TIME TO FILE
OPPOSITION AND GRANTING HIS
REQUESTS FOR RETURN OF EXHIBITS
(Docs. 73, 74, 75)
21-DAY DEADLINE

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Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. '

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1983. On August 7, 2014, Plaintiff filed a motion to extend time to file an opposition to Motion

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for Summary Judgment. Plaintiff shows good cause for this extension of time to be granted.

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Further, on August 4, 2014 and again on August 7, 2014, Plaintiff filed motions (Docs.

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73, 75) to have the exhibits that he submitted with his motion for counsel (Doc. 72) and his

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motion for an extension of time (Doc. 74) returned to him. Plaintiff was notified in the First

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Informational Order that the Court cannot provide copies or mailing service for a party and that

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he should refrain from sending his original documents as exhibits as the Court cannot serve as a

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repository for a party's evidence and exhibits are retained by the Court for a limited time and then

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discarded. (Doc. 4.) It is noteworthy that neither of the motions to which Plaintiff attached the

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exhibits that he now seeks to have returned required exhibits for their consideration. However,

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since the number of pages that Plaintiff is seeking to be returned is minimal, his requests will be

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granted this one time only. In the future, documents that Plaintiff submits as exhibits or

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otherwise will not be returned, but will be handled in the Court's usual manner.

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Good cause having been presented and GOOD CAUSE APPEARING THEREFOR, IT IS
HEREBY ORDERED that:

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(1)

Plaintiff's motion for an extension of 21-days from the date of service of

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this order in which to file an opposition to Defendants' motion for summary

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judgment, filed on August 7, 2014 (Doc. 74), is GRANTED;

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(2)

Plaintiff's motions to have the exhibits that he submitted with his motions

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filed on August 4, 2014 (Doc. 73) and August 7, 2014 (Doc. 75), are GRANTED;

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and

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(3)

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Plaintiff submitted with his motion for appointment of counsel, filed on August 4,

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2014 (Doc. 72), and with his motion for an extension of time, filed on August 7,

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(Doc. 74), and to return the original exhibits to Plaintiff with service of this order.

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The Clerk of the Court is directed to make a copy of the exhibits that

IT IS SO ORDERED.

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Dated:

August 12, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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