(PC) White v. California Department of Corrections and Rehabilitation et al

Filing 8

ORDER VACATING Findings and Recommendations to dismiss this action; GRANTING Extension of Time within which to reply to 11/15/2024 Order #7 signed by Magistrate Judge Sheila K. Oberto on 1/2/2025. 14-Day Filing Deadline. (Deputy Clerk TEL)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERRENCE WHITE,

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Plaintiff,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

Case No.: 1:24-cv-01389-SKO
ORDER VACATING FINDINGS AND
RECOMMENDATIONS TO DISMISS THIS
ACTION
ORDER GRANTING EXTENSION OF
TIME WITHIN WHICH TO REPLY TO
NOVEMBER 15, 2024, ORDER
(Doc. 7)

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Plaintiff Terrence White is former state prisoner and current parolee proceeding pro se in
this civil rights action pursuant to 42 U.S.C. section 1983.

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I.

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Plaintiff initiated this action by filing his complaint on November 13, 2024. (Doc. 1.)

BACKGROUND

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Plaintiff also filed an Application to Proceed in District Court Without Prepaying Fees or Costs.

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(Doc. 2.)

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On November 15, 2024, the Court issued its Order Directing Plaintiff to Clarify and

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Complete His Responses to Questions 2 and 3(f) in the Application to Proceed in District Court

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Without Prepaying Fees and Costs. (Doc. 4.) Plaintiff was to respond within 14 days. (Id. at 3.)

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On December 10, 2024, when Plaintiff failed to respond, the Court issued Findings and

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Recommendations to dismiss this action for Plaintiff’s failure to obey court orders and failure to

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prosecute. (Doc. 6.) Any objections were to be filed within 14 days. (Id. at 4.)
On December 26, 2024, Plaintiff filed a document titled “Objection to Magistrate Judge’s

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Findings and Recommendations; Motion for Extension of Time (Fed. R. Civ. P. 26(b); 72(a)).”

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(Doc. 7.)

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II.

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Plaintiff’s objections state he never received the Court’s November 15, 2024, order. (Doc.

DISCUSSION

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7 at 2, 4.) He only became aware of the order on December 17, 2024, when he received the

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Court’s Findings and Recommendations. (Id.) Without access to a printer, Plaintiff asked a friend

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to obtain a copy of the November order for him. (Id. at 4.) Plaintiff states he has been unable to

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complete a response to that order due to his “limited finances” and spending time “looking for

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work or completing tasks which are necessary for [his] survival.” (Id.) He asks for an extension of

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14-days to complete his response to the Court’s November 15, 2024, order. (Id.)

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In light of the foregoing, the Court will vacate the Findings and Recommendations and

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grant Plaintiff an extension of time within which to file a response to the November 15, 2024,

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order.

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III.

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Accordingly, the Court ORDERS as follows:

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1. The Findings and Recommendations (Doc. 6) issued December 10, 2024, are

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CONCLUSION AND ORDER

VACATED;

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2. Plaintiff’s request for an extension of time is GRANTED; and

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3. Plaintiff SHALL file a response to the Court’s November 15, 2024, order, within 14

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days of the date of this Order. A failure to comply with this Order will result in

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reissuance of findings and recommendations to dismiss this action for a failure to

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obey court orders and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

January 2, 2025

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UNITED STATES MAGISTRATE JUDGE
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