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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW S. ANDERSON, Plaintiff, 12 13 14 15 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. 16 17 Objections Due: January 15, 2018 18 19 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. 21 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. 26 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 1 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. 5 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. 8 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. 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara December 7, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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?