Mundo v. Carmona et al

Filing 48

ORDER Granting 46 Motion for Extension of Time to File Objections to Findings and Recommendations; ORDER Denying 47 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 02/13/2018. Objections to F&R due by 3/12/2018. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN W. MUNDO, Plaintiff, 12 v. 13 14 Case No. 1:16-cv-01687-AWI-MJS (PC) HECTOR CARMONA, et al., 15 Defendants. ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS (ECF No. 46) 16 ORDER DENYING MOTION TO APPOINT COUNSEL 17 (ECF No. 47) 18 19 Plaintiff, a prisoner proceeding pro se and in forma pauperis, filed this civil rights 20 action pursuant to 42 U.S.C. § 1983 on November 7, 2016. (ECF No. 1.) The case 21 proceeds on Plaintiff’s first amended complaint against Defendants Alba, Archuleta, 22 Bonffil, and Carmona. (ECF No. 16.) 23 I. Motion for Extension of Time 24 On January 26, 2018, the Court issued findings and recommendations to grant in 25 part and deny in part Defendants’ motion for summary judgment. (ECF No. 43.) The 26 parties were given fourteen days to file objections. (Id.) On February 9, 2018, Plaintiff 27 requested an additional 30 days to respond to the recommendations because he did not 28 receive them until three days before the deadline. (ECF No. 46.) Given the delay in 1 service and considering Plaintiff’s pro se status, this motion will be granted. 2 II. Motion to Appoint Counsel for Evidentiary Hearing 3 The Court has recommended an evidentiary hearing be held on the issue of 4 whether Plaintiff exhausted his administrative remedies before filing this suit. No such 5 hearing has yet been ordered. Plaintiff nevertheless moves to have counsel appointed for 6 the hearing. (ECF No. 47.) This motion will be denied, without prejudice, as premature. 7 III. Conclusion 8 For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff’s motion for 9 extension of time is GRANTED. Plaintiff shall file objections to the findings and 10 recommendations within 30 days of the date of this Order. 11 IT IS HEREBY FURTHER ORDERED that Plaintiff’s motion to appoint counsel is 12 DENIED WITHOUT PREJUDICE. 13 14 15 16 IT IS SO ORDERED. Dated: February 13, 2018 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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