Townsel v. Madera County Department of Corrections et al
Filing
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ORDER denying Plaintiff's Third Motion for Extension of Time to file objections to Findings and Recommendations 17 signed by Magistrate Judge Barbara A. McAuliffe on 3/28/2018. Objections to F&R's due within 10-Days. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID TOWNSEL,
Case No. 1:15-cv-00652-BAM (PC)
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Plaintiff,
ORDER DENYING PLAINTIFF’S THIRD
MOTION FOR EXTENSION OF TIME TO
FILE OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS
vs.
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MADERA COUNTY DEPARTMENT OF
CORRECTIONS, et al.
(ECF No. 17)
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Defendants.
TEN (10) DAY DEADLINE
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Plaintiff David Townsel is proceeding pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On December 13, 2017, the Court issued findings and recommendations recommending
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dismissal of this action for the failure to state a claim upon which relief may be granted. (ECF
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No. 12.) Plaintiff was permitted fourteen (14) days to file any objections to the findings and
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recommendations. (Id. at 6.)
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On January 3, 2018, Plaintiff moved for a ninety (90) day extension of time to file
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objections to the findings and recommendations due to an upcoming surgery for a defective
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pacemaker. (ECF No. 13.) For good cause shown, the Court granted Plaintiff’s request in part,
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and granted him an additional forty-five (45) days to file findings and recommendations. (ECF
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No. 14.)
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On February 20, 2018, Plaintiff filed a second motion seeking a six (6) to nine (9) month
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extension of time to file objections to the pending findings and recommendations. In support,
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Plaintiff cited his heart condition, which causes exhaustion and shortness of breath. Plaintiff also
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provided copies of medical records regarding his heart condition. Based on his filing, it appeared
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that he was denied the pacemaker replacement surgery he sought. (ECF No. 15).
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On February 22, 2018, the Court found good cause for an extension of time based on
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Plaintiff’s assertions that his heart condition makes him very tired and exhausted, and causes
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shortness of breath, which interferes with his ability to meet the deadline in this case. The Court
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warned Plaintiff that it could not hold Plaintiff’s case in a state of uncertainty for several months,
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however, and limited his extension of time to thirty (30) days. (ECF No. 16.)
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Currently before the Court is Plaintiff’s third motion for an extension of time. In support,
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Plaintiff again cites his heart condition, and appears to state that he has been suffering in critical
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condition for two and a half years. As Plaintiff has previously been informed, the Court cannot
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indefinitely hold his case in abeyance. Plaintiff has been granted several prior extensions of time
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on the basis of his heart condition, and his objections to the pending findings and
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recommendations are now almost three months overdue. The Court does not find good cause for
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another extension at this time.
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Accordingly, it is HEREBY ORDERED that Plaintiff’s request for an extension of time
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is denied. Plaintiff’s objections to the findings and recommendations are due within ten (10) days
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of the date of service of this order.
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IT IS SO ORDERED.
Dated:
March 28, 2018
/s/ Barbara
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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