Bolds v. Cavazos et al

Filing 46

ORDER VACATING February 9, 2018 43 Order Dismissing Action; ORDER Granting Plaintiff a 30-Day Extension of Time to File Objections to Findings and Recommendations, signed by Chief Judge Lawrence J. O'Neill on 3/12/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIE BOLDS,
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Plaintiff,
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v.
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J. CAVAZOS, et al.,
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Defendants.
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Case No.: 1:12-cv-01754-LJO-BAM (PC)
ORDER VACATING FEBRUARY 9, 2018 ORDER
DISMISSING ACTION
[ECF No. 43]
ORDER GRANTING PLAINTIFF A 30-DAY
EXTENSION OF TIME TO FILE OBJECTIONS
TO FINDINGS AND RECOMMENDATIONS
[ECF No. 45]

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Plaintiff Willie Bolds is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On February 9, 2018, the assigned magistrate judge issued findings and recommendations

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recommending that his action be dismissed for the failure to state a claim upon which relief may be

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granted. (ECF No. 42.) Plaintiff was given fourteen days to file objections to those findings and

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recommendations. Plaintiff did not file any objections, and the time in which to do so has expired.

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On March 6, 2018, the Court adopted the findings and recommendations and dismissed this

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action for the failure to state a cognizable claim for relief. (ECF No. 43.) Judgment was entered

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accordingly that same day (ECF No. 44.)

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On March 8, 2018, Plaintiff filed a motion for an extension of time to file objections to the

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findings and recommendations. In support, Plaintiff declares that on February 15, 2018, he was

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transferred to a different institution, and therefore did not receive the findings and recommendations

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until March 2, 2018. He then immediately filed the instant motion, seeking additional time to make

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objections and be heard on the matter.
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The Court finds good cause to grant Plaintiff an extension of time to file objections to the

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findings and recommendations under the facts and circumstances. Therefore, the dismissal order will

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be vacated.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Order dismissing this action for the failure to state a cognizable claim for relief, issued on
March 6, 2018 (ECF No. 43), is vacated;

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2. Plaintiff’s motion for an extension of time, filed on March 8, 2018 (ECF No. 45), is
granted; and

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3. Plaintiff’s objections to the magistrate judge’s February 9, 2018 findings and
recommendations are due within thirty (30) days of the date of this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 12, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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