Willaims v. Sullivan et al

Filing 77

ORDER signed by Magistrate Judge Kendall J. Newman on 4/4/13 ORDERING that plaintiffs motion for extension of time 75 is GRANTED; plaintiffs pretrial statement is due within thirty days of the date of this order; defendants pretrial statement is due fourteen days thereafter; Defendants motion to dismiss 74 is DENIED.(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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ANTHONY WILLIAMS,

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Plaintiff,

No. 2:09-cv-3160 KJN P

Defendant.

ORDER

vs.
SULLIVAN,

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Plaintiff is a state prisoner proceeding without counsel. On March 4, 2013, the

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court ordered plaintiff to file his pretrial statement within twenty-one days. Pending before the

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court is plaintiff’s motion for a thirty day extension of time to file his pretrial statement. The

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motion is court stamped as filed on April 1, 2013. Plaintiff signed his motion on March 18,

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2013. Because the motion does not contain a proof of service, the court cannot determine when

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it was filed pursuant to the mailbox rule. However, because plaintiff signed the motion March

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18, 2013, it will be deemed timely filed.

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Plaintiff alleges that the prison facility in which he is incarcerated is on lockdown.

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Due to the lockdown, he does not have law library access and cannot prepare his pretrial

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statement. Good cause appearing, plaintiff’s motion for an extension of time to file his pretrial

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statement is granted.
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On April 2, 2013, defendant filed a motion to dismiss on grounds that plaintiff

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failed to file his pretrial statement in accordance with the March 4, 2013 order. Because plaintiff

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filed a timely motion for extension of time to file his pretrial statement, defendant’s motion to

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dismiss is denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for extension of time (Dkt. No. 75) is granted; plaintiff’s

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pretrial statement is due within thirty days of the date of this order; defendant’s pretrial statement

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is due fourteen days thereafter;

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2. Defendant’s motion to dismiss (Dkt. No. 74) is denied.
DATED: April 4, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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will3160.ord

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