Mitchell v. Schwartzenegger et al

Filing 183

ORDER signed by Magistrate Judge Kendall J. Newman on 07/01/15 ordering plaintiff's 06/01/15 motion 179 is denied without prejudice. Plaintiff's request for an extension of time 182 is granted. Plaintiff is granted 30 days from the date of this order in which to file a pretrial statement. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN EDWARD MITCHELL,

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No. 2:09-cv-3012 JAM KJN P

Plaintiff,
v.

ORDER

J. HAVILAND, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. On June 1, 2015, plaintiff filed a

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motion for “interlocutory order,” in which plaintiff sought relief against nonparties employed at

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the Substance Abuse Treatment Facility (“SATF”), under the All Writs Act. (ECF No. 179.)

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However, on June 25, 2015, plaintiff filed a second request for an extension of time in which he

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states he was transferred from SATF to California State Prison, Corcoran, on June 9, 2015.

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Because plaintiff is no longer housed at SATF, his motion is moot, and is denied without

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prejudice.

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Due to his recent transfer, plaintiff does not have possession of his legal materials, and

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seeks an extension of time to file a pretrial statement. Good cause appearing, the request is

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granted. Plaintiff shall file his pretrial statement on or before August 3, 2015. Defendants shall

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file their pretrial statement on or before August 17, 2015. Thereafter, the pretrial conference will

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be conducted on the papers.

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In all other respects, the March 12, 2015 further scheduling order remains in effect.

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IT IS HEREBY ORDERED that:

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1. Plaintiff’s June 1, 2015 motion (ECF No. 179) is denied without prejudice;

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2. Plaintiff’s request for an extension of time (ECF No. 182) is granted; and

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3. Plaintiff is granted thirty days from the date of this order in which to file a pretrial

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statement.

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Dated: July 1, 2015

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