Rosati v. Igbinoso et al

Filing 13

ORDER DENYING PLAINTIFFS MOTION REGARDING TOLLING AS UNNECESSARY re 3 ; and DENYING PLAINTIFFS MOTION REGARDING RELIEF FROM DEFAULT AS UNNECESSARY re 8 signed by Magistrate Judge Dennis L. Beck on 3/19/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILIP ROSATI,

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Plaintiff,
v.
IGBINOSO, et al.,

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Defendants.

Case No. 1:12-cv-01213-AWI-DLB PC
ORDER DENYING PLAINTIFF’S
MOTION REGARDING TOLLING AS
UNNECESSARY (ECF No. 3)
ORDER DENYING PLAINTIFF’S
MOTION REGARDING RELIEF FROM
DEFAULT AS UNNECESSARY (ECF No. 8)

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Plaintiff Philip Rosati (“Plaintiff”) is a prisoner in the custody of the California Department

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of Corrections and Rehabilitation. Plaintiff is proceeding pro se in this civil action pursuant to 42

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U.S.C. § 1983. Plaintiff filed his action on July 17, 2012, in the Southern District of California. The

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action was transferred to this Court. Pending before the Court is: 1) Plaintiff’s motion requesting

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equitable tolling regarding the filing of his action and 2) Plaintiff’s motion requesting relief from

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default. ECF Nos. 3, 8.

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Plaintiff contends that any untimeliness in the filing of his action be tolled because of

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circumstances resulting in Plaintiff not being able to access his legal materials. ECF No. 3. The

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issue of equitable tolling is not an issue that the Court need consider at this time, as it is a matter

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concerning the statute of limitations, an affirmative defense. Thus, Plaintiff’s motion is denied as

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unnecessary.

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Plaintiff also moves for the Court to not impose sanctions for failing to timely file the Court’s
order regarding consenting or declining a magistrate judge’s jurisdiction. ECF No. 8. Plaintiff
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contends that it was error regarding mailing that caused the delay. Plaintiff is correct. A clerical

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error regarding Plaintiff’s mail occurred, causing the delay. Thus, Plaintiff’s motion is denied as

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unnecessary.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

March 19, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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77e0d6

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