Mwasi v. Corcoran State Prison
Filing
96
ORDER REINSTATING 87 August 17, 2017 Findings and Recommendations to Grant Defendant's 83 Motion for Summary Judgment, signed by Magistrate Judge Jennifer L. Thurston on 2/21/18. Objections to F&R Due Within 21 Days. (Marrujo, C)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
KING MWASI,
12
13
14
Case No. 1:13-cv-00695-DAD-JLT (PC)
Plaintiff,
v.
ORDER REINSTATING AUGUST 17, 2017
FINDINGS AND RECOMMENDATIONS TO
GRANT DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
CORCORAN STATE PRISON, et al
(Docs. 83, 87, 92, 94, 95)
15
Defendants.
21-DAY OBJECTION DEADLINE
16
17
On May 30, 2017, Defendants filed a motion for summary judgment contending that
18
Plaintiff violated 42 U.S.C. § 1997e(a) because he failed to exhaust the available administrative
19
remedies prior to filing this action. (Doc. 83.) Despite lapse of more than a month beyond the
20
allowed time, Plaintiff filed neither an opposition nor a statement of opposition to Defendants’
21
motion. Thus, on August 17, 2017, the Court issued Findings and Recommendations to grant
22
Defendants’ motion. (Doc. 87.)
23
On August 28, 2017, Plaintiff filed a motion seeking a 60-day extension of time to file an
24
opposition to Defendants’ motion. (Doc. 88.) On September 11, 2017, Plaintiff filed a motion to
25
appoint counsel as well as a motion to rescind the F&R or stay the action and a motion to allow
26
him to file an opposition to Defendants’ motion. (Docs. 90, 91.) In both his motion for an
27
extension of time and to rescind the F&R, Plaintiff asserted that he gave Defendants’ motion and
28
exhibit A to another inmate who was going to help Plaintiff prepare an opposition. (Docs. 88,
1
1
91.) However, the other inmates’ folder, which contained Plaintiff’s copy of the motion and
2
exhibit A, was stolen. Plaintiff attempted to gain access to his three boxes of legal materials to no
3
avail and had difficulties with mailing correspondence out of CSP. The Court found good cause
4
to vacate the F&R and granted Plaintiff a 60-day extension of time to file an opposition or
5
statement of non-opposition. (Doc. 92.) When Plaintiff did not file either within the time
6
allowed, the F&R was reinstated. (Doc. 94.) However, Plaintiff again filed a motion requesting a
7
60-day extension of time because a major lockdown occurred at his facility in October and all
8
inmates’ property had been confiscated and was being searched. (Doc. 93.) Though Plaintiff
9
requested his legal property, he had not yet received it and correctional staff was only able to tell
10
him that he would receive his property after it has been searched and that “it may take awhile.”
11
(Id., p. 4.)
Thus, on December 7, 2017, the Court vacated the Findings and Recommendations to
12
13
grant Defendants’ motion for summary judgment and granted Plaintiff’s motion for an extension
14
of time to file an opposition or statement of non-opposition. The Court warned Plaintiff that “no
15
further extensions of time will be granted. He must oppose the motion or file a statement of
16
non-opposition within 60 days or the Court will presume that he does not wish to be heard
17
on the matter.” (Doc. 95 (emphasis in original).) More than 60 days from the date of service of
18
that order have lapsed without Plaintiff filing an opposition or statement of non-opposition to
19
Defendants’ motion for summary judgment.
Accordingly, the Findings and Recommendations to grant Defendants’ motion for
20
21
summary judgment which issued on August 17, 2017, (Doc. 87), are REINSTATED.
The August 17, 2017 Findings and Recommendations will be submitted to the United
22
23
States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. §
24
636(b)(l). Within 21 days after being served with these Findings and Recommendations, the
25
parties may file written objections with the Court. Local Rule 304(b). The document should be
26
captioned “Objections to Magistrate Judge’s Findings and Recommendations.”
27
///
28
///
2
1
The parties are advised that failure to file objections within the specified time may result
2
in the waiver of rights on appeal. Wilkerson, 772 F.3d at 838-39 (citing Baxter v. Sullivan, 923
3
F.2d 1391, 1394 (9th Cir. 1991)).
4
5
6
7
IT IS SO ORDERED.
Dated:
February 21, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?