Ortiz v. Reynolds et al

Filing 131

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/16/2016 ORDERING defense counsel to inquire into the status of plaintiff's access to his legal property and file a declaration detailing that access within 21 days. The court will defer ruling on plaintiff's 129 request for an extension and/or continuance until receipt of counsel's declaration.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE B. ORTIZ,

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No. 2:10-cv-1380-MCE-EFB P
Plaintiff,

v.

ORDER

J. REYNOLDS, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has filed a motion seeking either an extension of time to file objections to the

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pretrial order or to continue the trial date. ECF No. 129. According to plaintiff, he was

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transferred to a new prison in mid-January and has not yet received his legal property. Trial in

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this action is scheduled for August 1, 2016. ECF No. 127.

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The court hereby ORDERS defense counsel to inquire into the status of plaintiff’s access

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to his legal property and file a declaration detailing that access within 21 days of the date of this

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order. The court will defer ruling on plaintiff’s request for an extension and/or continuance until

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receipt of counsel’s declaration.

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So ordered.
DATED: May 16, 2016.