Winffel v. Barnes et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/26/2011 ORDERING that the 27 findings and recommendations are VACATED; dfts' 26 motion to dismiss for lack of prosecution is DENIED; and pltf's 28 motion for an extension is GRANTED and pltf has 28 days to file an opposition to the motion for summary judgment. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ALBERTO WINFFEL,
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Plaintiff,
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No. CIV S-10-1709 MCE GGH P
vs.
A. POMAZAL, et al.,
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Defendants.
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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to
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42 U.S.C. § 1983. Defendants filed a motion for summary judgment om August 22, 2011.
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Plaintiff never filed an opposition or otherwise communicated with the court. Defendants also
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filed a motion to dismiss for lack of prosecution on September 28, 2011. Plaintiff did not
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communicate with the court so on October 24, 2011, findings and recommendations were issued
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to dismiss this case. Plaintiff has now filed a request for an extension to file an opposition to the
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motion for summary judgment. Plaintiff states that he has been moved often within his prison
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because of medical needs problems, and that access to his legal property has therefore been
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impeded. The undersigned views this as sufficient cause to grant plaintiff’s motion.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The October 24, 2011, findings and recommendations (Doc. 27) are vacated;
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2. Defendants’ motion to dismiss for lack of prosecution (Doc. 26) is denied;
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3. Plaintiff’s motion for an extension (Doc. 28) is granted and plaintiff is granted
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28 days from the date of service of this order to file an opposition to the motion for summary
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judgment. The court will not look favorably on any more requests for an extension from
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plaintiff.
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DATED: October 26, 2011
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: AB
winf1709.ord
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