Polk v. Lattimore et al

Filing 80

ORDER Granting Plaintiff an Extension of Time to July 18, 2016, in which to File Objections signed by Magistrate Judge Barbara A. McAuliffe on 05/31/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SUSAN MAE POLK,
Plaintiff,

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Case No. 1:12-cv-01156-DAD-BAM-PC
ORDER GRANTING PLAINTIFF AN
EXTENSION OF TIME TO JULY 18, 2016,
IN WHICH TO FILE OBJECTIONS

v.
M. LATTIMORE, et al.,
Defendants.

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Plaintiff Susan Mae Polk is appearing pro se and in forma pauperis in this civil rights

18 action pursuant to 42 U.S.C. § 1983.
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On May 4, 2016, findings and recommendations were entered, recommending dismissal

20 of this action for Plaintiff’s failure to file an amended complaint that complies with Federal Rule
21 of Civil Procedure 8(a)’s requirement to state her claims in a short and plain manner, and Rule
22 18’s requirement to include only unrelated claims. (ECF No. 76.) On May 13, 2016, Plaintiff
23 filed a motion for a sixty-day extension of time to file objections. Plaintiff sought a sixty-day
24 extension of time on the ground that she had difficulty in gaining access to the law library. On
25 May 17, 2016, the Court granted Plaintiff’s request, granting her a thirty-day extension of time.
26 (ECF No. 78.) Plaintiff was advised that the operative complaint did not fail for want of legal
27 analysis, but for failure to state her claim in a short and plain manner, and to include only
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On May 27, 2016, Plaintiff filed objections to the order granting her a thirty-day

2 extension of time. (ECF No. 79.)

Plaintiff states her disagreement with the findings and

3 recommendations, and indicates that her legal property has been confiscated. Plaintiff requests
4 the Court to send her copies of the complaints and screening orders in this action.

The Court

5 will grant Plaintiff’s request for an extension of time, and will provide Plaintiff with the
6 operative complaint and the May 4, 2016, recommendation of dismissal. Plaintiff is cautioned
7 that further requests for copies of documents may be charged at the standard rate. Plaintiff is
8 advised that the Clerk does not ordinarily provide free copies of case documents to parties. The
9 Clerk charges $.50 per page for copies of documents. See 28 U.S.C. § 1914(a). The Court will
10 make an exception in this one instance.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk’s Office shall send to Plaintiff a copy of the April 15, 2015, fourth

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amended complaint (ECF No. 66) and a copy of the May 4, 2016, findings and

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recommendations. (ECF No. 76); and

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2. Plaintiff is granted an extension of time to July 18, 2016, in which to file objections to
the May 4, 2016, findings and recommendations.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 31, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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