Oden v. State of California, et al.

Filing 30

ORDER GRANTING PLAINTIFF'S SECOND MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS 29 signed by Magistrate Judge Barbara A. McAuliffe on 7/6/2017. (Objections to F&R due by 8/8/2017). (Lundstrom, T)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK JESUS ODEN, 12 Plaintiff, 13 14 15 16 17 18 19 v. Case No. 1:14-cv-00873-LJO-BAM (PC) ORDER GRANTING PLAINTIFF’S SECOND MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., (ECF No. 29) Defendants. THIRTY (30) DAY DEADLINE Plaintiff Derrick Jesus Oden (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. On May 23, 2017, the Court screened Plaintiff’s third amended complaint and issued 20 findings and recommendations recommending that: (1) Plaintiff’s claims against defendants at 21 California State Prison, Lancaster be severed and transferred to the Central District of California; 22 (2) this action proceed on Plaintiff’s claim against Defendants J. Acebedo, S. Swaim, and R. 23 Thomas for deliberate indifference in violation of the Eighth Amendment; and (3) all other claims 24 and defendants be dismissed from this action. (ECF No. 26.) Those findings and 25 recommendations were served on Plaintiff and contained notice that any objections thereto were 26 to be filed within fourteen (14) days after service. (Id.) 27 28 On June 5, 2017, Plaintiff filed a notice of change of address and motion for extension of time to file objections. (ECF No. 27.) The Court issued an order granting Plaintiff’s motion, 1 1 extending the deadline to July 12, 2017. (ECF No. 28.) Currently before the Court is Plaintiff’s 2 declaration filed on June 29, 2017, which the Court will construe as a second motion for 3 extension of time. (ECF No. 29.) 4 Plaintiff states that he has been waiting since May 22, 2017 to receive his legal property 5 from C- or D-facility, and he has submitted over 3 CDCR-22 request slip forms. Plaintiff is 6 currently housed in B-facility, in a cell with no paper, no type of legal supplies or access. 7 Plaintiff has attached copies of CDCR-22 forms, dated June 11 and May 29, 2017, requesting his 8 legal property. The forms indicate that they were forwarded to another staff, and the “Staff 9 Response” section of both forms is blank. (Id.) 10 Having considered the request, the Court finds good cause to modify the briefing schedule 11 in this matter with respect to the filing of Plaintiff’s objections to the Court’s findings and 12 recommendations. Fed. R. Civ. P. 16(b)(4). 13 Accordingly, it is HEREBY ORDERED that Plaintiff’s second request for an extension of 14 time, (ECF No. 29), is GRANTED. Plaintiff shall file any objections to the Court’s findings and 15 recommendations within thirty (30) days of the date of service of this order. 16 17 18 IT IS SO ORDERED. Dated: /s/ Barbara July 6, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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?