Jones v. Plessas et al

Filing 62

ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/11 ordering within 14 days from the date of this order, counsel for defendants shall file a copy of any document or documents received from plaintiff that were allegedly filed toward the end of October 2011. If defendants file only a notice of fling, and not a copy of the documents plaintiff sent to the court, plaintiff may re-file his response to the court's 09/29/11 order, within 21 days from the date the defendants file the notice. (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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MALIK JONES,

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Plaintiff,
vs.
C. PLESSAS, et al.,
Defendants.

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No. 2:09-cv-2133 KJM KJN P

ORDER
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Plaintiff is a state prisoner proceeding without counsel. On December 1, 2011,

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plaintiff filed objections to the November 16, 2011 findings and recommendations. In the

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objections, plaintiff claims he submitted a response to the court’s September 29, 2011 order, and

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appends a copy of the prison mail log noting mail was sent from plaintiff to the court on October

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26, 2011. (Dkt. No. 61 at 5.) Plaintiff also states he mailed “notice” of the filing of his response

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to counsel for defendants on October 25, 2011. (Id.) It is unclear whether defendants received a

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copy of the documents submitted to the court, or just a document notifying counsel that plaintiff

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was filing something with the court.

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In any event, there is no record of any filing by plaintiff in this action during the

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month of October 2011. Defendants are directed to file a copy of any document or documents

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received from plaintiff pertaining to documents allegedly filed toward the end of October 2011.
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If defendants do not have a copy of the actual court filing, but simply a notice of filing, plaintiff

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is granted an additional twenty-one days to re-submit his response to the September 29, 2011

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order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days from the date of this order, counsel for defendants shall

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file a copy of any document or documents received from plaintiff that were allegedly filed toward

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the end of October, 2011.

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2. If defendants file only a notice of filing, and not a copy of the documents
plaintiff sent to the court, plaintiff may re-file his response to the court’s September 29, 2011

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order, within twenty-one days from the date the defendants file the notice.

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DATED: December 23, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jone2133.ref

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