Atcherley v. Clark et al

Filing 162

ORDER Regarding 150 Plaintiff's Request to Take Notice of Current Situation signed by Magistrate Judge Dennis L. Beck on 11/18/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILBUR ATCHERLEY,

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Plaintiff,
v.

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CLARK, et al.,

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Defendants.

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Case No.: 1:12cv00225 LJO DLB (PC)
ORDER REGARDING PLAINTIFF’S
REQUEST TO TAKE NOTICE OF
CURRENT SITUATION
(Document 150)

Plaintiff William Atcherley (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding on Plaintiff’s First
Amended Complaint, filed on March 14, 2013, for violation of the Eighth Amendment and negligence
against numerous Defendants.1

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There are numerous motions pending.

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On November 5, 2014, Plaintiff filed a motion in which he requests that the Court take notice
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of his November 3, 2014, surgery. He states that he will be at an outside hospital for 7 to 15 days
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following the surgery and will not be issued any mail during this time.

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On September 10, 2014, the Court granted Plaintiff leave to file a Second Amended Complaint naming Doe Defendants.

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The Court will take into consideration the time period during which Plaintiff will not receive
mail in calculating any briefing schedules.
To the extent that Plaintiff will require extensions of time after he returns back to his place of

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incarceration and begins to receive his mail, he must file any such requests with the Court.
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IT IS SO ORDERED.

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Dated:

/s/ Dennis

November 18, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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