Andersen v. Kernan

Filing 22

ORDER Denying 20 Motion to Immediately Screen First Amended Complaint as Moot; ORDER Granting Plaintiff's 21 Motion for Extension of Time to File Objections to Findings and Recommendations signed by Magistrate Judge Barbara A. McAuliffe on 12/07/2017. Objections to F&R due by 1/15/2018.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDREW S. ANDERSON,
Plaintiff,

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Case No. 1:16-cv-00369-LJO-BAM (PC)
ORDER DENYING MOTION TO
IMMEDIATELY SCREEN FIRST
AMENDED COMPLAINT AS MOOT
(ECF No. 20)

v.
SCOTT KERNAN,

ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE
OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS
(ECF No. 21)

Defendant.

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Objections Due: January 15, 2018
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Plaintiff Andrew S. Anderson (“Plaintiff”) is a state prisoner proceeding pro se and in

20 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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On November 21, 2017, the Court issued findings and recommendations recommending

22 dismissal of this action for failure to state a claim. (ECF No. 19.) Those findings and
23 recommendations were served on Plaintiff and contained notice that any objections thereto were
24 to be filed within fourteen (14) days after service. (Id. at 8.) Plaintiff’s objections are currently
25 due on or before December 8, 2017.
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Currently before the Court are Plaintiff’s motion for the Court to immediately screen his

27 first amended complaint, (ECF No. 20), and Plaintiff’s motion for an extension of time to file
28 objections to the findings and recommendations, (ECF No. 21). In his motion for extension of

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1 time to file objections, Plaintiff states that due to fog days, upcoming holidays, limited access to
2 the prison law library, and working eight hours a day, five days a week, he cannot meet the
3 current filing deadline. (ECF No. 21.) Plaintiff seeks an extension of the deadline to January 15,
4 2018.
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As it appears that the Court’s findings and recommendations crossed in the mail with

6 Plaintiff’s motion for the Court to screen the first amended complaint, (ECF No. 20), that motion
7 is DENIED as moot.
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Further, having considered Plaintiff’s moving papers, the Court finds good cause and

9 Plaintiff’s request for an extension of time to file his objections to the findings and
10 recommendations (ECF No. 21) is HEREBY GRANTED. Plaintiff shall file his objections on or
11 before January 15, 2018.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 7, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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