Thomas v. Yates, et al.

Filing 11

ORDER Directing Clerk's Office to Re-Serve November 7, 2017 Findings and Recommendations on Plaintiff and ORDER EXTENDING Deadline to File Objections to Findings and Recommendations signed by Magistrate Judge Barbara A. McAuliffe on 11/22/2017. Objections to F&R due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY D. THOMAS,

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Plaintiff,

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v.

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Case No. 1:16-cv-00855-AWI-BAM (PC)
ORDER DIRECTING CLERK’S OFFICE TO
RE-SERVE NOVEMBER 7, 2017 FINDINGS
AND RECOMMENDATIONS ON
PLAINTIFF

V. YATES, et al.,

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Defendants.

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FOURTEEN (14) DAY DEADLINE

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ORDER EXTENDING DEADLINE TO FILE
OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS

Plaintiff Larry D. Thomas (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983, and federal and state law claims arising out of events

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in 2009 that occurred at Kern Valley State Prison. On September 21, 2016, the Court screened

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Plaintiff’s complaint and concluded that his claims were likely time-barred. (ECF No. 5.)

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Plaintiff was granted leave to amend and filed his first amended complaint on October 17, 2016.

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(ECF No. 6.)

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On November 7, 2017, the Court screened Plaintiff’s first amended complaint and issued

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findings and recommendations recommending that this action be dismissed, with prejudice, as

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time-barred. (ECF No. 8.) Those findings and recommendations were served on Plaintiff and

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contained notice that any objections thereto were to be filed within fourteen (14) days after

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service. (Id. at 8.)
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On November 20, 2017, Plaintiff filed a notice of change of address dated November 12,

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2017, (ECF No. 9) and a request for a status report regarding this action, (ECF No. 10). Plaintiff

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states that he has not received any documentation from the Court since he was ordered to file an

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amended complaint.

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As it appears Plaintiff did not receive the Court’s November 7, 2017 findings and

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recommendations, the Court finds it appropriate to extend the time for Plaintiff to file objections

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to the findings and recommendations.

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Accordingly, it is HEREBY ORDERED that:
1. The Clerk of the Court is DIRECTED to re-serve the Court’s November 7, 2017 findings

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and recommendations (ECF No. 8) on Plaintiff at his current address of record; and

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2. Plaintiff’s objections, if any, to the findings and recommendations shall be filed within

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fourteen (14) days from the date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 22, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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