Cruz v. Ahlin, et al.

Filing 49

ORDER SETTING Hearing on Plaintiff's 48 Request for Extension of Time, signed by Magistrate Judge Erica P. Grosjean on 6/11/18. Motion Hearing set for 6/25/2018 at 03:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (All parties served pursuant to this order.)(Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER CASEY CRUZ,

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Case No. 1:13-cv-00988-LJO-EPG (PC)

Plaintiff,

ORDER SETTING HEARING ON
PLAINTIFF’S REQUEST FOR
EXTENSION OF TIME

v.
JONATHAN HAMRICK,

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(ECF NO. 48)

Defendant.

Date: June 25, 2018
Time: 3:00 p.m.

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Peter Casey Cruz (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis

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in this civil rights action filed pursuant to 42 U.S.C. § 1983. On December 13, 2017, defendant

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Hamrick filed a motion for summary judgment. (ECF No. 31). On January 18, 2018, Plaintiff

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filed a motion for an extension of time to file a response to the motion for summary judgment.

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(ECF No. 35). The Court granted the motion, but noted that no further extensions of time would

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be granted absent exceptional circumstances. (ECF No. 36).

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On February 22, 2018, Plaintiff filed a second motion for an extension of time (ECF No.

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39), which the Court granted (ECF No. 40). The Court noted that no further extensions would be

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granted. (Id. at 2).

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On March 29, 2018, Plaintiff filed a provisional opposition to defendant Hamrick’s
motion for summary judgment. (ECF No. 41). Plaintiff stated that the opposition was
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provisional because he was unable to meet the deadline for a formal opposition to the motion for

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summary judgment. Plaintiff alleged that his legal property had been seized. (Id. at p. 2, n.1).
While the Court was not going to grant any further extensions, Plaintiff’s allegation that

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his legal property has been seized raised concerns about Plaintiff’s access to the Court.

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Accordingly, the Court granted Plaintiff an additional thirty days to file his opposition. (ECF No.

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42).

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Plaintiff failed to timely file his opposition, so, in the abundance of caution, the Court

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gave Plaintiff fourteen days to either file a response to Defendant’s motion for summary

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judgment, or request additional time to do so. (ECF No. 47). On May 31, 2018, Plaintiff

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requested additional time to file a response to the motion for summary judgment because he still

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does not have access to his legal property. (ECF No. 48).

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Given the amount of extensions Plaintiff has requested and been granted, as well as

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Plaintiff’s allegations that he still does not have access to his legal property, the Court will set a

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hearing on Plaintiff’s request for extension of time. The Court will require the attendance of a

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representative from Department of State Hospitals – Coalinga with knowledge of the situation

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regarding Plaintiff’s access to his legal property.

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Accordingly, IT IS HEREBY ORDERED that:
1. A hearing on Plaintiff’s request for extension of time is set for before Magistrate

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Judge Erica P. Grosjean on June 25, 2018, at 3:00 p.m., at the U. S. District Court,

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2500 Tulare Street, Fresno, California, 93721, in Courtroom #10.

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2. A representative from Department of State Hospitals – Coalinga (“Coalinga”) with

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knowledge of the situation regarding Plaintiff’s access to his legal property shall

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attend the hearing.

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3. Plaintiff is required to appear telephonically. Defense counsel and Coalinga’s

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representative may appear telephonically or in-person. To appear telephonically,

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each party is to use the following dial-in number and passcode: Dial-in number 1-

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888-251-2909; Passcode 1024453.

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4. Plaintiff shall make arrangements with staff at his or her institution of confinement

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for his or her attendance at the hearing. Plaintiff's institution of confinement shall

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make Plaintiff available for the hearing at the date and time indicated above. Prior

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to the hearing, defense counsel shall confirm with Plaintiff's institution of

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confinement that arrangements have been made for Plaintiff's attendance.

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5. The Clerk of Court is directed to serve a copy of this order and a copy of

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Plaintiff’s request for extension of time (ECF No. 48) on Supervising Deputy

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Attorney General Monica Anderson, the Executive Director of DSH - Coalinga,

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and the Litigation Coordinator at DSH – Coalinga.

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IT IS SO ORDERED.
Dated:

June 11, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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