Herrera v. Gardner et al

Filing 98

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/16/12 granting 97 Motion for Extension of time. Plaintiff shall file and serve his objections to the 02/22/12 findings and recommendations within 30 days from the date this order is filed.(Plummer, 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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ARMANDO HERRERA,
Plaintiff,

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vs.

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No. CIV S-10-1744 GEB EFB P

GARDNER, et al.,

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Defendants.

ORDER
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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. On March 12, 2012, plaintiff requested an extension of time to file and serve

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objections to the February 22, 2012 findings and recommendations, which recommend that

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defendants’ motion to dismiss be granted. See Fed. R. Civ. P. 6(b).

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In his request for an extension of time, plaintiff states that he has a mental handicap and

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that he is “slow in the head.” Dckt. No. 97. On March 5, 2012, plaintiff, through the assistance

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of another inmate, filed a request for appointment of counsel on the grounds that plaintiff has a

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mental illness and a learning disability and that he has not received adequate law library time to

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work on this case. Dckt. No. 95. The court denied that motion on March 12, 2012. Dckt. No.

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96. However, it appears from plaintiff’s filings that he needs additional time to prepare his

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objections because of his claimed mental state and limited law library access. Good cause
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appearing, plaintiff’s request for an extension of time (Dckt. No. 97) is granted and plaintiff shall

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file and serve his objections to the February 22, 2012 findings and recommendations within 30

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days from the date this order is filed.

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So ordered.

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DATED: March 16, 2012.

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