Navarro v. Herdon et al

Filing 207

ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/16 ORDERING that within ten days of the date of this order, defendants shall inform the court of the status of plaintiff's access to his legal property.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO NAVARRO,

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No. 2: 09-cv-1878 KJM KJN P

Plaintiff,
v.

ORDER

DEBRA HERNDON, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On March 25, 2016, the undersigned recommended that defendants’ motion

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for summary judgment be granted in part and denied in part. (ECF No. 183.) The findings and

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recommendations were eighty-two pages. (Id.)

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On April 6, 2016, the undersigned scheduled this action for a settlement conference.

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(ECF No. 184.) The undersigned ordered that objections to the findings and recommendations

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were due fourteen days after the settlement conference if no settlement was reached. (Id.) The

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undersigned directed the Warden at Ironwood State Prison, where plaintiff was housed, to

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transport plaintiff to court in Sacramento for the settlement conference. (ECF No. 185.)

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On July 8, 2016, a settlement conference was held. This action did not settle. On July 25,

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2016, the undersigned granted plaintiff’s request for an extension of time to file objections. (ECF

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No. 200.) On August 15, 2016, plaintiff filed a four page objections. (ECF No. 204.) Plaintiff’s
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objections indicate that he is now housed at the California Training Facility. In his objections,

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plaintiff states that his legal property is still at California State Prison-Sacramento, where he was

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housed for the settlement conference.

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Without access to his legal property, plaintiff alleges that he is unable to prepare

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meaningful objections or otherwise prosecute this action. The defendants are located at

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California State Prison-Sacramento, where plaintiff alleges his legal property is located.

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Accordingly, IT IS HEREBY ORDERED that within ten days of the date of this order,

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defendants shall inform the court of the status of plaintiff’s access to his legal property.

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Dated: August 19, 2016

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Na1878.obj
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