Jefferson v. Weaver, et al

Filing 46

ORDER signed by Magistrate Judge Craig M. Kellison on 06/18/12 ordering that plaintiff's request for additional time to file objections to the findings and recommendations is granted. Objections to the findings and recommendations may be filed within 30 days of the date of this order. (Plummer, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JAMES L. JEFFERSON 11 12 13 14 15 16 No. CIV S-10-0340-MCE CMK-P Plaintiff, vs. ORDER J.R. WEAVER, et al., Defendants. / Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 17 U.S.C. § 1983. On May 23, 2012, the undersigned issued findings and recommendations that 18 defendants’ unopposed motion for summary judgment be granted. Plaintiff has filed objections 19 to the findings and recommendations (Doc. 44). 20 However, instead of objections addressing the merits of the findings and 21 recommendations, plaintiff is asking for additional time. To the extent plaintiff needs additional 22 time to file his objections, that request is granted. To the extent plaintiff is requesting additional 23 time to complete his discovery, that request is denied. Discovery is long since over in this action. 24 As the undersigned explained in the findings and recommendations, in order for the court to 25 review the admissions which have been deemed admitted, plaintiff would be required to file a 26 specific motion to do so, and to show good cause for failing to respond to the requests for 1 1 admissions as well as good cause for not requesting assistance from the court in a timely manner. 2 The issue of the admissions was resolved in September 2011. Due to plaintiff’s failure to 3 respond to the requests for admissions, and his failure to oppose the motion to compel, the 4 requests for admissions were deemed admitted. While plaintiff indicates he is in administrative 5 segregation and has had issues with receiving mail, he fails to address the admissions and fails to 6 provide good cause for his lack of response or action. Administrative segregation, in and of 7 itself, does not excuse plaintiff’s complete lack of response and action. While additional time 8 may be needed due to his current confinement, plaintiff is still required to act in order to 9 prosecute this action. Additionally, plaintiff fails to provide any specifics as to his difficulties in 10 11 receiving mail. Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for additional 12 time to file objections to the findings and recommendations is granted. Objections to the 13 findings and recommendation may be filed within 30 days of the date of this order. 14 15 16 17 DATED: June 18, 2012 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 2

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