(PC) Cruz v. Trevino

Filing 9

ORDER GRANTING Motion for extension of time to file objections to Findings and Recommendations 8 signed by Magistrate Judge Barbara A. McAuliffe on 2/16/2021. Objections to F&R due within 30-Days. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO TRUJILLO CRUZ, 12 Plaintiff, 13 v. 14 Case No. 1:21-cv-00104-DAD-BAM (PC) ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS TREVINO, et al., 15 (ECF No. 8) Defendants. THIRTY (30) DAY DEADLINE 16 17 18 19 Plaintiff Guillermo Trujillo Cruz (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On January 28, 2021, the Court issued findings and recommendations recommending that 20 Plaintiff’s motion for leave to proceed in forma pauperis be denied. (ECF No. 5.) Plaintiff was 21 directed to file any objections to the findings and recommendations within fourteen days. (Id.) 22 Currently before the Court is Plaintiff’s “Motion to Retained Pending Case,” filed 23 February 11, 2021. (ECF No. 8.) Plaintiff requests that the Court retain the pending case because 24 on February 8, 2021, Pelican Bay State Prison Release and Receiving Officer Chandler Property 25 Staff refused to transpack Plaintiff’s legal documents pertaining to this case. Plaintiff states that 26 this was done in retaliation and to prevent him from meaningful access to the courts, which will 27 lead him to have this case dismissed for failure to prosecute. Plaintiff therefore asks that the court 28 retain the case until Plaintiff returns back to his current institution. (Id.) 1 1 The Court construes the motion as one requesting an extension of time to file Plaintiff’s 2 objections to the pending findings and recommendations. The Court finds that Plaintiff’s lack of 3 legal property presents good cause for an extension of this deadline. Plaintiff has not stated when 4 he will be returned to the institution where his legal materials are located, but the Court finds that 5 a thirty-day extension of time is appropriate under the circumstances. 6 7 8 9 10 Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff’s motion for extension of time to file objections to the findings and recommendations, (ECF No. 8), is GRANTED; and 2. Plaintiff shall file his objections to the January 28, 2021 findings and recommendations within thirty (30) days from the date of service of this order. 11 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara February 16, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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