(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO CRUZ,

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Plaintiff,

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v.

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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.,

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(ECF No. 8)
Defendants.
THIRTY (30) DAY DEADLINE

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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

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Plaintiff’s motion for leave to proceed in forma pauperis be denied. (ECF No. 5.) Plaintiff was

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directed to file any objections to the findings and recommendations within fourteen days. (Id.)

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Currently before the Court is Plaintiff’s “Motion to Retained Pending Case,” filed

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February 11, 2021. (ECF No. 8.) Plaintiff requests that the Court retain the pending case because

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on February 8, 2021, Pelican Bay State Prison Release and Receiving Officer Chandler Property

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Staff refused to transpack Plaintiff’s legal documents pertaining to this case. Plaintiff states that

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this was done in retaliation and to prevent him from meaningful access to the courts, which will

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lead him to have this case dismissed for failure to prosecute. Plaintiff therefore asks that the court

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retain the case until Plaintiff returns back to his current institution. (Id.)
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The Court construes the motion as one requesting an extension of time to file Plaintiff’s

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objections to the pending findings and recommendations. The Court finds that Plaintiff’s lack of

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legal property presents good cause for an extension of this deadline. Plaintiff has not stated when

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he will be returned to the institution where his legal materials are located, but the Court finds that

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a thirty-day extension of time is appropriate under the circumstances.

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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 16, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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