Lopez v. Athey et al

Filing 20

ORDER denying 19 Motion to Stay and granting extension of time to file objections signed by Magistrate Judge Dennis L. Beck on 2/3/2014. ( Objections to F&R due by 3/7/2014).(Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 EMILIANO LOPEZ, 12 13 14 15 Plaintiff, vs. R. L. ATHEY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 1:11cv02075 LJO DLB PC ORDER DENYING PLAINTIFF’S REQUEST FOR STAY (Document 19) ORDER GRANTING EXTENSION OF TIME TO FILE OBJECTIONS 16 17 Plaintiff Emiliano Lopez (“Plaintiff”) is state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on 19 December 16, 2011. 20 21 22 On November 13, 2013, the Court issued Findings and Recommendations that this action be dismissed for Plaintiff’s failure to state a claim for which relief may be granted. On December 16, 2013, the Court granted Plaintiff’s request for a thirty-day extension of time 23 within which to file objections. 24 25 26 27 On January 9, 2014, Plaintiff filed a Request to Stay the Proceedings. He explains that a stay is necessary because the computers have been removed from the prison law library in anticipation of changing the legal research program. 28 1 1 2 3 Plaintiff’s request is DENIED. The Court will not grant an indefinite stay simply because Plaintiff cannot perform computerized legal research. Indeed, the Findings and Recommendations set forth the legal standards for the claims at issue. 4 The Court will GRANT Plaintiff a second thirty day extension of time to file objections. 5 Plaintiff shall file his objections within thirty days of the date of service of this order. 6 Further extensions will be granted only upon a showing of good cause. 7 8 9 IT IS SO ORDERED. 10 Dated: 11 12 13 /s/ Dennis L. Beck February 3, 2014 UNITED STATES MAGISTRATE JUDGE D C_Si gnat ue EN : EA r- D 3b142a 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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