Oden v. State of California, et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DERRICK JESUS ODEN,
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
STATE OF CALIFORNIA, et al.,
(ECF No. 29)
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
findings and recommendations recommending that: (1) Plaintiff’s claims against defendants at
California State Prison, Lancaster be severed and transferred to the Central District of California;
(2) this action proceed on Plaintiff’s claim against Defendants J. Acebedo, S. Swaim, and R.
Thomas for deliberate indifference in violation of the Eighth Amendment; and (3) all other claims
and defendants be dismissed from this action. (ECF No. 26.) 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. (Id.)
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,
extending the deadline to July 12, 2017. (ECF No. 28.) Currently before the Court is Plaintiff’s
declaration filed on June 29, 2017, which the Court will construe as a second motion for
extension of time. (ECF No. 29.)
Plaintiff states that he has been waiting since May 22, 2017 to receive his legal property
from C- or D-facility, and he has submitted over 3 CDCR-22 request slip forms. Plaintiff is
currently housed in B-facility, in a cell with no paper, no type of legal supplies or access.
Plaintiff has attached copies of CDCR-22 forms, dated June 11 and May 29, 2017, requesting his
legal property. The forms indicate that they were forwarded to another staff, and the “Staff
Response” section of both forms is blank. (Id.)
Having considered the request, the Court finds good cause to modify the briefing schedule
in this matter with respect to the filing of Plaintiff’s objections to the Court’s findings and
recommendations. Fed. R. Civ. P. 16(b)(4).
Accordingly, it is HEREBY ORDERED that Plaintiff’s second request for an extension of
time, (ECF No. 29), is GRANTED. Plaintiff shall file any objections to the Court’s findings and
recommendations within thirty (30) days of the date of service of this order.
IT IS SO ORDERED.
July 6, 2017
UNITED STATES MAGISTRATE JUDGE
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?