Naylor v. Allenby et al

Filing 26

ORDER Granting Defendant's Motion for Extension of Time 24 ; ORDER Granting in Part Plaintiff's Motion for Extension of Time 25 . signed by Magistrate Judge Michael J. Seng on 1/6/15. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROY MITCHELL NAYLOR,

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Plaintiff,
v.

CASE NO. 1:11-cv-01649-LJO-MJS (PC)
ORDER:
GRANTING DEFENDANT’S MOTION FOR
EXTENSION OF TIME (ECF No. 24); AND

CLIFF ALLENBY,
Defendant.

GRANTING IN PART PLAINTIFF’S
MOTION FOR EXTENSION OF TIME (ECF
No. 25)

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 5.) This matter

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proceeds against Defendant Duvall on Plaintiff’s First Amendment retaliation and Fourth

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Amendment unlawful search claims. (ECF No. 6.)

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On December 9, 2014, the undersigned issued findings and recommendations to

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grant in part and deny in part Defendant’s request for judicial notice, and to grant in part

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and deny in part Defendant’s motion to dismiss. (ECF No. 23.) The parties were afforded

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fourteen days to file written objections to the findings and recommendations.

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On December 22, 2014, Defendant moved to extend time to file objections to

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January 9, 2015 due to defense counsel’s participation in an unanticipated federal

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appeal of an unrelated state court order. (ECF No. 24.) Also on December 22, 2014,

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Plaintiff moved to extend time to file objections by ninety days to conduct additional legal

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research. (ECF No. 25.)

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Defendant has presented good cause for a minimal extension of time. Plaintiff

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also has presented good cause; however, in light of the limited nature of the findings and

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recommendations, which are largely in Plaintiff’s favor, a ninety day extension is

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unwarranted. The parties will be afforded thirty (30) days from the date of service of this

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order to file and serve written objections to the findings and recommendations.

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Based on the foregoing, it is HEREBY ORDERED that:

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1. Defendant’s motion for extension of time (ECF No. 24) is GRANTED;

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2. Plaintiff’s motion for extension of time (ECF No. 25) is GRANTED IN

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PART;

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3. Any party may file and serve written objections to the findings and

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recommendations within thirty (30) days of the service of this order; and

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4. Any reply to the objections shall be filed and served within fourteen (14)

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days after service of the objections.

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IT IS SO ORDERED.
Dated:

January 6, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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