Griffin v. Johnson et al
ORDER Denying Motion for 30-Day Extension of Time to Object to Findings and Recommendations re 171 , signed by Magistrate Judge Barbara A. McAuliffe on 9/29/17. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MATTHEW JAMES GRIFFIN,
A. JOHNSON, et al.,
Case No. 1:13-cv-01599-LJO-BAM (PC)
ORDER DENYING MOTION FOR 30-DAY
EXTENSION OF TIME TO OBJECT TO
FINDINGS AND RECOMMENDATIONS
(ECF No. 171)
Plaintiff Matthew James Griffin (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
Plaintiff’s claims of excessive force and deliberate indifference to serious medical needs in
violation of the Eighth Amendment against Defendants Johnson, Gonzales, Valdez, Munoz,
Sexton, Ross, Thor, Doe, Kul, Busch, Bell, and Smith.
On September 11, 2017, the Court issued findings and recommendations recommending
that Defendant Daniel Gonzales’ motion for summary judgment or partial summary judgment be
granted in part and denied in part, (ECF No. 169), and that Defendant Busch’s motion for
summary judgment or partial summary judgment be granted in part and denied in part, (ECF No.
170). Those findings and recommendations were served on Plaintiff and contained notice that
any objections thereto were to be filed within fourteen (14) days after service. (ECF No. 169, p.
14; ECF No. 170, p. 11.)
Currently before the Court is a certificate of service filed on September 25, 2017. The
certificate of service states that on September 20, 2017, Plaintiff delivered to prison officials for
mailing: Plaintiff’s First Motion for 30-day Extension of time to Object to the Findings &
Recommendations Granting Partial Summary Judgment to Defendant Gonzales (doc. 169) and
Busch (doc. 170); and a Supporting Declaration. (ECF No. 171.) Although the certificate of
service references these filings, no other documents were attached or received. Thus, the Court
construes the certificate of service as a motion for extension of time to file objections to the
findings and recommendations.
Plaintiff has not shown good cause, or any cause, for the requested extension of time.
Fed. R. Civ. P. 16(b)(4).
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for a 30-day extension of
time to object to the findings and recommendations granting partial summary judgment, (ECF
No. 171), is DENIED without prejudice. Plaintiff’s objections remain due on or before
September 28, 2017.
IT IS SO ORDERED.
September 29, 2017
UNITED STATES MAGISTRATE JUDGE
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