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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY D. THOMAS, 12 Plaintiff, 13 v. 14 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., 15 Defendants. 16 FOURTEEN (14) DAY DEADLINE 17 18 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 19 rights action pursuant to 42 U.S.C. § 1983, and federal and state law claims arising out of events 20 in 2009 that occurred at Kern Valley State Prison. On September 21, 2016, the Court screened 21 Plaintiff’s complaint and concluded that his claims were likely time-barred. (ECF No. 5.) 22 Plaintiff was granted leave to amend and filed his first amended complaint on October 17, 2016. 23 (ECF No. 6.) 24 On November 7, 2017, the Court screened Plaintiff’s first amended complaint and issued 25 findings and recommendations recommending that this action be dismissed, with prejudice, as 26 time-barred. (ECF No. 8.) Those findings and recommendations were served on Plaintiff and 27 contained notice that any objections thereto were to be filed within fourteen (14) days after 28 service. (Id. at 8.) 1 1 On November 20, 2017, Plaintiff filed a notice of change of address dated November 12, 2 2017, (ECF No. 9) and a request for a status report regarding this action, (ECF No. 10). Plaintiff 3 states that he has not received any documentation from the Court since he was ordered to file an 4 amended complaint. 5 As it appears Plaintiff did not receive the Court’s November 7, 2017 findings and 6 recommendations, the Court finds it appropriate to extend the time for Plaintiff to file objections 7 to the findings and recommendations. 8 9 Accordingly, it is HEREBY ORDERED that: 1. The Clerk of the Court is DIRECTED to re-serve the Court’s November 7, 2017 findings 10 and recommendations (ECF No. 8) on Plaintiff at his current address of record; and 11 2. Plaintiff’s objections, if any, to the findings and recommendations shall be filed within 12 fourteen (14) days from the date of service of this order. 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara November 22, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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