Funtanilla v. Kelly, et al

Filing 246

ORDER signed by Magistrate Judge Craig M. Kellison on 09/17/15 vacating the 4/27/15 findings and recommendations 242 . Plaintiff shall file a status report within 30 days of the date of this order. The clerk of the court shall forward with this order a copy of the 12/09/14 order at 236 . (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORIO C. FUNTANILLA, JR.,

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Plaintiff,

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vs.

ORDER

MICHAEL JAFFE, et al.,

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Defendants.

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No. 2:02-CV-1157-JAM-CMK-P

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983.

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On December 9, 2014, the court directed plaintiff to file a status report within 30

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days. On January 16, 2015, plaintiff sought an extension of time. On February 3, 2015, the court

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granted plaintiff’s request for additional time, extending the deadline for plaintiff’s status report

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to 45 days from that date. In both orders, plaintiff was warned that failure to comply could result

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in dismissal of the entire action. As of April 27, 2015, plaintiff had neither sought additional

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time nor filed a status report. Consequently, the court issued findings and recommendations that

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this action be dismissed for lack of prosecution and failure to comply with court rules and orders.

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On May 18, 2015, plaintiff sought an extension of time to file objections to the

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court’s April 27, 2015, findings and recommendations. On May 21, 2015, the court granted

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plaintiff’s request, providing him an additional 30 days to file objections. Plaintiff filed

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objections on July 7, 2015. In his objections, plaintiff states that during the time period of

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February 3, 2015, through April 24, 2015, he suffered a medical condition which resulted in his

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being removed from his cell for medical treatment. He states further that he was separated from

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his legal papers during this time. Finally, plaintiff states that his health has been restored, that he

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has access to his legal documents, and that he is now able to file a status report.

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Good cause appearing therefor, the court will vacate the April 27, 2015, findings

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and recommendations and provide plaintiff an additional extension of time to file a status report

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pursuant to the court’s December 9, 2014, order.

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Accordingly, IT IS HEREBY ORDERED that;

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1.

The findings and recommendations issued on April 27, 2015, are vacated;

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2.

Plaintiff shall file a status report within 30 days of the date of this order;

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The Clerk of the Court shall forward with this order a copy of the court’s

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and

December 9, 2014, order at Doc. 236.

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DATED: September 17, 2015
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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