McCurdy v. Kernan et al
Filing
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ORDER GRANTING Plaintiff's Third Motion for Extension of Time to File Objections, signed by Magistrate Judge Stanley A. Boone on 8/10/18. ( Objections to F&R due 30-Day Deadline) (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMES C. McCURDY,
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Plaintiff,
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v.
S. KERNAN, et al.,
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Defendants.
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ORDER GRANTING PLAINTIFF’S THIRD
MOTION FOR EXTENSION OF TIME TO FILE
OBJECTIONS
[ECF No. 24]
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s third motion for an extension of time to file objections
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Case No.: 1:17-cv-01356-LJO-SAB (PC)
Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action
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to the March 21, 2018 Findings and Recommendations, filed August 8, 2018.
On October 30, 2017, the Magistrate Judge filed Findings and Recommendations,
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recommending that this action proceed against Defendant Bautista for excessive force in violation of
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the Eighth Amendment and battery under California law. (ECF No. 17.) It was recommended that all
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other claims and defendants be dismissed for failure to state a cognizable claim for relief. (Id.) The
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Findings and Recommendations were served on Plaintiff and contained notice that objections were to
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be filed within thirty days. (Id.)
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Plaintiff did not file objections within the thirty-day time frame. On April 23, 2018, the
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Findings and Recommendations were adopted in full. (ECF No. 18.) On this same date, but after the
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order adopting was placed on the docket, Plaintiff filed a motion for an extension of time to file
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objections to the Findings and Recommendations. (ECF No. 19.) On April 24, 2018, the Court
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granted Plaintiff’s request and allowed him thirty days to file objections. (ECF No. 20.) On May 31,
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2018, Plaintiff filed a second motion for an extension of time to file objections. (ECF No. 21.) On
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June 4, 2018, the Court granted Plaintiff an additional thirty days to file objections. (ECF No. 22.)
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Over thirty days passed and Plaintiff did not file objections. Accordingly, on July 19, 2018, the Court
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determined that the action shall proceed action as it presently stands, and forwarded Plaintiff the
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service of process forms form completion and return within thirty days. (ECF No. 23.)
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Plaintiff now seeks a third extension of time to file objections and submits that he attempted to
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mail a request for an extension of time on July 2, 2018 and he is currently in need of additional time to
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file the objections. (ECF No. 24.)
On the basis of good cause, it is HEREBY ORDERED that Plaintiff is granted thirty days from
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the date of service of this order to file objections. However, no further extensions of time will be
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granted absent extraordinary circumstances, not present here.
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IT IS SO ORDERED.
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Dated:
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August 10, 2018
UNITED STATES MAGISTRATE JUDGE
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