Briscoe, III v. County of Fresno et al

Filing 29

ORDER regarding Plaintiff's fourth request to extend time to file amended complaint, and directing appearance by supervising deputy attorney general. Order signed by Magistrate Judge Sheila K. Oberto on 7/18/2018. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES ROBERT BRISCOE, III,

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Plaintiff,
v.
RICHARD MADRID, et al.,
Defendants.
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Case No. 1:17-cv-0716-DAD-SKO
ORDER REGARDING PLAINTIFF’S
FOURTH REQUEST TO EXTEND TIME
TO FILE AMENDED COMPLAINT, AND
DIRECTING APPEARANCE BY
SUPERVISING DEPUTY ATTORNEY
GENERAL
(Doc. 28)

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Plaintiff is an inmate at the California Health Care Facility in Stockton, California (the

16 “Facility”) proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983 (“Section 1983”).
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On July 13, 2018, Plaintiff filed his fourth request for an extension of time to file a third

18 amended complaint that states a cognizable claim under Section 1983. (Doc. 28.) Plaintiff requests
19 an additional extension of 80 days in which to file his amended complaint on the grounds that he
20 is on lockdown in the administrative segregation unit at the Facility and “prison staff confiscated
21 all of his personal property inclusive of legal materials and effects relevant to filing” his amended
22 complaint. (Id.) Plaintiff states that he does not have physical access to the legal research law
23 library while in the administrative segregation unit and he does not anticipate having access to the
24 law library for at least 60 days. (Id.) Plaintiff signed his request under penalty of perjury. (Id.)
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Plaintiff’s current deadline to file an amended complaint is August 6, 2018. (See Doc. 25.)

26 The Court has granted Plaintiff three previous enlargements of time, which collectively extended
27 Plaintiff’s deadline to file an amended complaint by 180 days. (See Docs. 17 (60 days), 21 (30
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1 days), 25 (90 days).) If the Court grants Plaintiff’s fourth request for an extension, his deadline to
2 file an amended complaint will have been extended by nearly eight months in total.
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In as much as this case has not yet been opened and thus, no defendants have appeared, the

4 Court hereby requests the Supervising Deputy Attorney General in charge of the correctional law
5 section, Monica Anderson, Esq., to address and confirm Plaintiff’s allegations that he is on
6 lockdown with no access to the legal research library at the Facility and had all his personal
7 property confiscated by Facility staff. After a response is submitted, the Court will review any
8 documentation and issue a corresponding order.
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Accordingly, it is HEREBY ORDERED that:

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1. The Clerk of Court is directed to serve a copy of Plaintiff’s motion for a fourth extension of

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time to file a third amended complaint (Doc. 28) and a copy of this order on Supervising

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Deputy Attorney General, Monica Anderson; and

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2. Supervising Deputy Attorney General Anderson shall contact the litigation coordinator at

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the Facility and file a response to Plaintiff’s motion, supported by the appropriate evidence,

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that apprises the Court as to the veracity of Plaintiff’s allegations, within fourteen (14) days

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from the date of service of this order.

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IT IS SO ORDERED.

19 Dated:
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July 18, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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