Miller v. High Desert State Prison et al

Filing 76

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/11/09 ORDERING that pltf is GRANTED 30 days to file an opposition to dfts' 68 summary judgment motion.(Yin, K)

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vs. HIGH DESERT STATE PRISON, et al., Defendants. / On December 31, 2008, plaintiff filed an opposition to defendants' summary judgment motion. The opposition did not address the merits of the motion. Rather, plaintiff complained that he did not have access to his legal and personal property necessary for prosecuting this action. On January 15, 2009, the court ordered defendants to file briefing addressing plaintiff's claim that he had not received his legal and personal property. On January 28, 2009, defendants filed a response to the January 15, 2009, order. This response thoroughly addresses the issue of plaintiff's access to his personal property. Regarding plaintiff's legal property, defendants state that an inventory of plaintiff's cell found that he possessed eighteen manilla envelopes containing legal or ORDER ERNEST MILLER, Plaintiff, No. CIV S-06-0947 JAM GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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miscellaneous documents. Attached as an exhibit to defendants' pleading are photographs taken of these manilla envelopes. Some of these envelopes do appear to contain legal pleadings. On January 29, 2009, plaintiff filed a difficult to decipher pleading stating that he

2 is still missing legal property taken from him on May 12, 2008. Plaintiff does not even attempt 3 to specify what that property is, and whether it relates to this case. 4 The court considers the matter of plaintiff's legal property resolved as it relates to 5 this case. Plaintiff is granted thirty days to file a supplemental opposition addressing the merits 6 of defendants' summary judgment motion. 7 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days to 8 file an opposition to defendants' summary judgment motion. 9 DATED: February 11, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mill947.fb /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE