Warner v. Cate et al

Filing 57

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/16/12 DENYING 55 Motion for delivery of property. (Dillon, 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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EARL WARNER,
Plaintiff,

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No. CIV S-09-1568 KJM EFB P

vs.
MATTHEW L. CATE, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. In a motion filed February 27, 2012, he states he will be transferred to R.J.

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Donovan Correctional Facility and requests a court order directing the California Medical

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Facility to forward all of his legal and personal property to R.J. Donovan within 48-hours of his

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arrival. Dckt. No. 55. Plaintiff states he needs his property in order to timely supplement his

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motion for counsel, to obtain discovery, and to file dispositive motions. On March 6, 2012, the

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court denied plaintiff’s request for counsel. Dckt. No. 56. Plaintiff is currently under no court-

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imposed deadline to either supplement or file a new motion for appointment of counsel. On

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March 6, 2012, the court also informed plaintiff that the deadlines for filing discovery and

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dispositive motions have passed, and that he has not demonstrated that good cause exists to

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modify those deadlines. Id. Therefore, plaintiff’s motion requesting the prompt delivery of his

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property appears to be unnecessary.
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The court notes that defendants moved for summary judgment on February 21, 2012.

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Dckt. No. 53. On January 4, 2011, the court advised plaintiff of the requirements for filing an

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opposition to the motion, that failure to oppose such a motion may be deemed a waiver of

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opposition to the motion, and that failure to comply with the Local Rules may result in a

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recommendation of dismissal. Dckt. No. 24. Should any delay in receiving his property

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interfere with his ability to timely respond to defendants’ motion for summary judgment,

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plaintiff may request an extension of time to respond, explaining why he has been unable to

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complete his response in the time allowed. If plaintiff seeks additional time on the grounds he

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did not have adequate access to his property, he must indicate why he is unable to complete the

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opposition without that property, what specific requests for he has made for greater access to his

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property, and how prison officials have responded to those requests.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s February 27, 2012 motion for

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the delivery of his property (Dckt. No. 55) is denied.

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DATED: March 16, 2012.

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