McCurdy v. Kernan et al

Filing 25

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES C. McCURDY, 12 Plaintiff, 13 14 v. S. KERNAN, et al., 15 Defendants. 16 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 19 20 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 17 18 ) ) ) ) ) ) ) ) ) ) to the March 21, 2018 Findings and Recommendations, filed August 8, 2018. On October 30, 2017, the Magistrate Judge filed Findings and Recommendations, 21 22 recommending that this action proceed against Defendant Bautista for excessive force in violation of 23 the Eighth Amendment and battery under California law. (ECF No. 17.) It was recommended that all 24 other claims and defendants be dismissed for failure to state a cognizable claim for relief. (Id.) The 25 Findings and Recommendations were served on Plaintiff and contained notice that objections were to 26 be filed within thirty days. (Id.) 27 /// 28 /// 1 1 Plaintiff did not file objections within the thirty-day time frame. On April 23, 2018, the 2 Findings and Recommendations were adopted in full. (ECF No. 18.) On this same date, but after the 3 order adopting was placed on the docket, Plaintiff filed a motion for an extension of time to file 4 objections to the Findings and Recommendations. (ECF No. 19.) On April 24, 2018, the Court 5 granted Plaintiff’s request and allowed him thirty days to file objections. (ECF No. 20.) On May 31, 6 2018, Plaintiff filed a second motion for an extension of time to file objections. (ECF No. 21.) On 7 June 4, 2018, the Court granted Plaintiff an additional thirty days to file objections. (ECF No. 22.) 8 Over thirty days passed and Plaintiff did not file objections. Accordingly, on July 19, 2018, the Court 9 determined that the action shall proceed action as it presently stands, and forwarded Plaintiff the 10 service of process forms form completion and return within thirty days. (ECF No. 23.) 11 Plaintiff now seeks a third extension of time to file objections and submits that he attempted to 12 mail a request for an extension of time on July 2, 2018 and he is currently in need of additional time to 13 file the objections. (ECF No. 24.) On the basis of good cause, it is HEREBY ORDERED that Plaintiff is granted thirty days from 14 15 the date of service of this order to file objections. However, no further extensions of time will be 16 granted absent extraordinary circumstances, not present here. 17 18 IT IS SO ORDERED. 19 Dated: 20 August 10, 2018 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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