Manago v. Davey et al

Filing 32

ORDER granting in part 28 Motion for Extension of Time signed by Magistrate Judge Dennis L. Beck on 5/23/2016. (Filing Deadline: Objections due by 6/16/2016). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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v.

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DAVEY, et al.,

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Case No. 1:16-cv-00399 LJO DLB PC
ORDER GRANTING IN PART
PLAINTIFF’S REQUEST FOR
ADDITIONAL TIME
(Document 28)

Defendants.

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Plaintiff Stewart Manago (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis,1 filed this civil rights action on March 24, 2016. He filed a First Amended Complaint on

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April 18, 2016.
On May 11, 2016, the Court issued Findings and Recommendations regarding Plaintiff’s

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request for a temporary restraining order.

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On May 20, 2016, Plaintiff requested that the Court extend his time for objections until after

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Defendants have responded to the First Amended Complaint. At this point, an order for Plaintiff to

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return service documents has not issued, and an appearance from Defendants is likely months away.

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Plaintiff is subject to 28 U.S.C. § 1915(g), but the Court determined that the allegations in his complaint met the
imminent danger exception and permitted him to proceed in forma pauperis.

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The Court will therefore not permit an extension until Defendants appear and respond.

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Contrary to Plaintiff’s belief, their appearance will not materially alter the Court’s ruling on his

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request.2

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To ensure that Plaintiff has an opportunity to file objections, the Court will GRANT him
twenty-one (21) days from the date of service of this order within which to file objections.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

May 23, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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Plaintiff is correct that the Court incorrectly stated that he sought to prevent a transfer. The error, however, does not
alter the conclusion of the Findings and Recommendations.

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