Lopez v. Berkebile et al

Filing 11

ORDER GRANTING Extension of Time to File Objections to Findings and Recommendations per 10 , signed by Magistrate Judge Barbara A. McAuliffe on 03/215. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GILFREDO LOPEZ,

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1:14-cv-01003-LJO-BAM (PC)
ORDER GRANTING EXTENSION OF
TIME TO FILE OBJECTIONS TO
FINDINGS AND RECOMMENDATIONS

Plaintiff,
v.
D. BERKEBILE, et al.,

(ECF No. 10)

Defendants.

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Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this civil action

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pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388,

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91 S.Ct. 1999 (1971). On January 28, 2015, the undersigned issued Findings and

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Recommendations regarding dismissal of claims against staff at USP Big Sandy and USP

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Hazelton without prejudice for improper venue and dismissal of action with prejudice for failure

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to state a claim. The Findings and Recommendations were served on Plaintiff and contained

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notice that any objections were to be filed within fourteen days. (ECF No. 9, p. 5.) Plaintiff’s

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objections were due on or before February 17, 2015.

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On February 27, 2015, Plaintiff filed the instant motion for an extension of time to file his

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objections to the Findings and Recommendations. (ECF No. 10.) Although untimely, Plaintiff

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explains that he mailed his original request for an extension of time on February 5, 2015, but the

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mail was returned to him for issues with his postage. (ECF No. 10, p. 2.) Plaintiff requests
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additional time to file his objections because the institution was on lockdown status and he had no

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access to the law library.

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Good cause having been presented to the court and GOOD CAUSE APPEARING
THEREFOR, IT IS HEREBY ORDERED that:
Plaintiff is granted 30 days from the date of service of this order in which to file his
objections, if any, to the Findings and Recommendations.

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IT IS SO ORDERED.
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Dated:

/s/ Barbara

March 2, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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