Taylor v. Chiu et al

Filing 6

ORDER DENYING Plaintiff's 5 Motion for Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 8/30/2011. Within 14 days of the date of this order, Plaintiff shall file a response to the Court's August 22, 2011 order to show cause. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIRELL TAYLOR,

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Case No. 1:11-cv-01374 AWI JLT (PC)

Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR AN EXTENSION OF TIME

vs.
(Doc. 5)

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L. CHIU, et al.,

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Defendants.

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/

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

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§ 1983. By order filed August 22, 2011, the Court ordered Plaintiff to show cause in writing why he

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faces an imminent danger of serious physical injury for the purposes of proceeding in forma pauperis

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in this case. See 28 U.S.C. § 1915(g). On August 29, 2011, Plaintiff filed a motion for an extension of

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time to file a response to the order to show cause. (Doc. 5.) Plaintiff explains that he needs an extra

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thirty or sixty days to acquire “the requisite documentary evidence” to support his affidavit establishing

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that he faces an imminent danger of serious physical injury. (Id.)

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However, documentary evidence is not needed at this time. Instead, Plaintiff is required merely

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to explain how events that occurred in 2007 and 2008, related to the care Plaintiff received regarding

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extraction of two wisdom teeth or the other events which occurred in 2010, place him in imminent

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danger of serious physical injury.

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Therefore, it is HEREBY ORDERED that:

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Plaintiff’s August 29, 2011 motion for an extension of time (Doc. 5) is DENIED;

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2.

Within 14 days of the date of this order, Plaintiff shall file a response to the Court’s

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August 22, 2011 order to show cause; and
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Plaintiff is firmly cautioned that his failure to comply with this order will result in

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a recommendation that his motion to proceed IFP be denied and/or that his lawsuit

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be dismissed.

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IT IS SO ORDERED.

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Dated: August 30, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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