Mario Molina v. Holland et al

Filing 23

ORDER on Plaintiff's 22 Motion to request instructions to be excused for untimeliness signed by Magistrate Judge Erica P. Grosjean on 10/12/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01260-EPG (PC)

MARIO MOLINA,

ORDER ON PLAINTIFF’S MOTION TO
REQUEST INSTRUCTIONS TO BE
EXCUSED FOR UNTIMELINESS
(ECF NO. 22)

Plaintiff,
v.
K. HOLLAND, et al.,

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Defendants.

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Mario Molina (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing

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this action on August 17, 2015. (ECF No. 1). On October 11, 2016, Plaintiff filed this motion,

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asking for a copy of the Complaint, as well as instructions on how to be excused for a delay in

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complying with an order signed by Magistrate Judge Gary S. August on August 5, 2015.

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Given the age of the case, the Court will grant Plaintiff’s request for a copy of the
Complaint.

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As to Plaintiff’s request for instructions, the Court notes that it generally is unable to

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respond in writing to individual inquiries regarding the required content of particular motions.

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Additionally, the deadline Plaintiff is referring to does not seem to exist. The deadline was

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allegedly created by an order signed by Magistrate Judge Gary S. Austin on August 5, 2015.

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However, this case was not filed until August 17, 2015.

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Further, the Court has reviewed the docket, and it does not appear that Plaintiff has

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missed any deadlines at this time. The next step in this case is for the Court to screen
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Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915A(a).
ACCORDINGLY, it is ordered that:

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1. Plaintiff’s request for a copy of the Complaint is granted;

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2. Plaintiff’s request for instructions on how to be excused for a delay in complying with

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an order signed by Magistrate Judge Gary S. August on August 5, 2015 is denied; and
3. The Clerk of Court is directed to send Plaintiff a copy of the Complaint, ECF No. 1.

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IT IS SO ORDERED.
Dated:

October 12, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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