Shehee v. Perez et al
Filing
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ORDER Granting Plaintiff's Motion for Extension of Time to File Service Documents signed by Magistrate Judge Barbara A. McAuliffe on 05/08/2018. Service Documents Deadline: 6/11/2018.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GREGORY ELL SHEHEE,
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Plaintiff,
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v.
FAITH PEREZ, et al.,
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Defendants.
Case No. 1:16-cv-01346-AWI-BAM (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE
SERVICE DOCUMENTS
(ECF No. 44)
THIRTY (30) DAY DEADLINE
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Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former county jail inmate proceeding pro se
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in this civil rights action pursuant to 42 U.S.C. § 1983.
On February 23, 2018, Plaintiff notified the Court of his willingness to proceed only the
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claims found cognizable in his first amended complaint. (ECF No. 38.) Pursuant to that notice
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and the screening of the first amended complaint pursuant to 28 U.S.C. § 1915A, on February 28,
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2018, the Court directed Plaintiff to submit service documents for Defendants Perez and Lain
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within thirty (30) days. (ECF No. 40.) The Court further issued findings and recommendations
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to dismiss the remaining claims and defendants from this action, and directed Plaintiff to file any
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objections within fourteen (14) days. (ECF No. 39.) Thereafter, Plaintiff filed two notices of
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change of address, and the Court extended the deadlines for Plaintiff to submit service documents
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and to file any objections to the pending findings and recommendations. (ECF No. 42.)
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Currently before the Court is a notice filed by Plaintiff on May 3, 2018. (ECF No. 44.)
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Plaintiff states that he has been released to Lancaster, California, but is currently homeless.
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Plaintiff further states that his parole officer is in possession of his legal documents, including the
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completed service documents. Plaintiff requests a thirty-day extension of time so he can obtain
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the documents and a copy of the complaint from his parole officer and return them to the Court.
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(Id.)
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Having considered the request, the Court finds good cause to allow Plaintiff a further
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extension of time to file service documents in this matter. However, in light of Plaintiff’s prior
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willingness to proceed only on the claims found cognizable in his first amended complaint, and
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Plaintiff’s failure to address the issue in the instant notice, the Court will not extend the deadline
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for Plaintiff to file objections to the pending findings and recommendations.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s motion for an extension of time to submit service documents, (ECF No. 44),
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is GRANTED;
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2. Plaintiff’s completed service documents for Defendants Lain and Perez, as discussed
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in the Court’s February 28, 2018 order, are due within thirty (30) days from the date
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of service of this order; and
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3. Plaintiff’s failure to comply with this order will result in dismissal of this action
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for failure to obey a court order and failure to prosecute.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
May 8, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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