(PC) Cruz v. Trevino
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GUILLERMO TRUJILLO CRUZ,
Case No. 1:21-cv-00104-DAD-BAM (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE
OBJECTIONS TO FINDINGS AND
TREVINO, et al.,
(ECF No. 8)
THIRTY (30) DAY DEADLINE
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
Plaintiff’s motion for leave to proceed in forma pauperis be denied. (ECF No. 5.) Plaintiff was
directed to file any objections to the findings and recommendations within fourteen days. (Id.)
Currently before the Court is Plaintiff’s “Motion to Retained Pending Case,” filed
February 11, 2021. (ECF No. 8.) Plaintiff requests that the Court retain the pending case because
on February 8, 2021, Pelican Bay State Prison Release and Receiving Officer Chandler Property
Staff refused to transpack Plaintiff’s legal documents pertaining to this case. Plaintiff states that
this was done in retaliation and to prevent him from meaningful access to the courts, which will
lead him to have this case dismissed for failure to prosecute. Plaintiff therefore asks that the court
retain the case until Plaintiff returns back to his current institution. (Id.)
The Court construes the motion as one requesting an extension of time to file Plaintiff’s
objections to the pending findings and recommendations. The Court finds that Plaintiff’s lack of
legal property presents good cause for an extension of this deadline. Plaintiff has not stated when
he will be returned to the institution where his legal materials are located, but the Court finds that
a thirty-day extension of time is appropriate under the circumstances.
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.
IT IS SO ORDERED.
February 16, 2021
UNITED STATES MAGISTRATE JUDGE
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