Villescas v. Dotson et al
Filing
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ORDER Denying 60 Plaintiff's Motion to Supplement the Record as Unnecessary, signed by Magistrate Judge Stanley A. Boone on 10/20/15. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALBERTO VILLESCAS,
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Plaintiff,
v.
M.T. DOTSON, et al.,
Defendants.
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Case No.: 1:12-cv-02068-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO SUPPLEMENT THE RECORD AS
UNNECESSARY
[ECF No. 60]
Plaintiff Alberto Villescas is appearing pro se and in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), the parties have consented to the
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jurisdiction of the United States Magistrate Judge. ECF No. 34; Local Rule 302.
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Now pending before the Court is Plaintiff’s motion entitled “Motion to supplement the record
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and order,” filed October 19, 2015. Plaintiff references case number 2:15-cv-01861-TLN-KJN
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(pending in the Sacramento Division of this Court), and submits that exhibits and an inmate appeal
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dated 10/05/2015 was filed as evidence of retaliatory interference with legal mail by staff. The Court
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takes judicial notice (Fed. R. Evid. 201) of the record in case number 2:15-cv-01861-TLN-KJN P,
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Alberto Villescas v. Rafael Miranda, et al., in which Plaintiff filed a motion for a temporary
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restraining order relating to the denial of certain medical treatment and accommodations. (2:15-cv-
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01861-TLN-KJN P, ECF No. 11.) The Court ordered the Attorney General’s office to respond to
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Plaintiff’s motion, and the motion for temporary restraining is still pending before the Court. (Id.,
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ECF No. 14.)
With regard to the instant case, Plaintiff submits that a copy of an extension of time (served
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September 28, 2015) was not sent out of his institution to be filed in this case. However, Plaintiff is
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advised that the Court received and filed a motion for extension of time, with a proof of service dated
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September 28, 2015, on October 2, 2015. (ECF No. 58.) The Court granted Plaintiff’s request for an
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extension of time on October 5, 2015, and Plaintiff was given thirty (30) additional days to file an
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opposition to Defendants’ pending motion for summary judgment. (ECF No. 59.) Plaintiff’s
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opposition is presently due on or before November 4, 2015. Accordingly, because the Court received
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Plaintiff’s extension of time referenced in his present motion, Plaintiff’s motion to supplement the
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record is DENIED as unnecessary.
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IT IS SO ORDERED.
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Dated:
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October 20, 2015
UNITED STATES MAGISTRATE JUDGE
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