Ivan Lee Matthews v. Liles et al

Filing 61

ORDER GRANTING 60 Plaintiff's Request for Extension of Time; ORDER DIRECTING Clerk of Court to Mail Plaintiff a Copy of December 20, 2017 Findings and Recommendations, signed by Magistrate Judge Barbara A. McAuliffe on 1/18/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IVAN LEE MATTHEWS,

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Plaintiff,

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ORDER GRANTING PLAINTIFF’S
REQUEST FOR EXTENSION OF TIME

v.

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Case No. 1:14-cv-00083-AWI-BAM (PC)

R. LILES, et al.,

(ECF No. 60)

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ORDER DIRECTING CLERK OF COURT TO
MAIL PLAINTIFF A COPY OF DECEMBER
20, 2017 FINDINGS AND
RECOMMENDATIONS

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TWENTY-ONE (21) DAYDEADLINE

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Defendants.

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Plaintiff Ivan Lee Matthews (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds

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on Plaintiff’s fourth amended complaint against Defendants Liles, Sherrett, and Cable

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(“Defendants”) on the claim for retaliation in violation of the First Amendment arising from the

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alleged denial of Plaintiff’s legal papers.

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On December 20, 2017, the Court re-screened Plaintiff’s fourth amended complaint and

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issued findings and recommendations to dismiss certain claims and defendants pursuant to the

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recent Ninth Circuit Court of Appeals decision in Williams v. King, 875 F.3d 500 (9th Cir. 2017).

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(ECF No. 59.) The parties were given fourteen days to file objections to those findings and

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recommendations.
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Currently before the Court is Plaintiff’s motion requesting a twenty-one (21) day

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extension of time to “respond to Defendant’s motions, answers or documents.” (ECF No. 60.)

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Plaintiff also requests a copy of any order, motion, answer, or document which requires a reply or

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answer from Plaintiff. Plaintiff explains that on December 31, 2017, he was placed into

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administrative segregation, and all of his personal and legal property was confiscated. In

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addition, Plaintiff states that he has been on an emergency lockdown for thirty days, during which

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time he has not had access to the law library or any of its services. (Id.)

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Generally, the Clerk’s Office will provide copies for Plaintiff at a cost of $0.50 per page.
Under the circumstances, the Court will make a one-time exception and will direct the Clerk’s

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Office to provide a copy of the pending findings and recommendations to Plaintiff at no charge.

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However, Plaintiff is advised that any further copies will need to be paid for by Plaintiff, and that

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it is his responsibility to maintain copies of all documents submitted to the Court for filing.

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Plaintiff is further advised that no other motions or orders are pending which require a response.

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Good cause appearing, it is HEREBY ORDERED that:

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1.

Plaintiff’s request for a twenty-one (21) day extension of time to file objections to

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the Court’s December 20, 2017 findings and recommendations and for a copy of the findings and

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recommendations, (ECF No. 60), is GRANTED;

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2.

Plaintiff’s objections to the findings and recommendations must be filed within

twenty-one (21) days from the date of service of this order; and
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The Clerk’s Office shall mail a copy of the December 20, 2017 findings and

recommendations, (ECF No. 59), to Plaintiff.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 18, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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