Morris v. Bradford et al

Filing 84

ORDER signed by Magistrate Judge Deborah Barnes on 12/12/2016 ORDERING, within 14 days, defendants shall file any opposition to plaintiff's 83 Declaration, construed as a request for reconsideration; and plaintiff may file a reply to defendants' opposition within 14 days of service of the opposition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,

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Plaintiff,

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No. 2:11-cv-1171 TLN DB P

v.

ORDER

A.J.R. BRADFORD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. On November 1, 2016, the undersigned informed plaintiff that he

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had thirty days to file an opposition to defendants’ January 14, 2016 motion for summary

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judgment. (ECF No. 82.)
On November 18, 2016, plaintiff filed a “declaration” in which he explains that he has

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been temporarily transferred to the Salinas Valley Psychiatric Program and was not permitted to

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bring any of his legal property with him. Plaintiff states that he will not have access to his legal

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property until he returns to California State Prison-Sacramento (“CSP-Sacramento”). (ECF No.

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83.)

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When the court considered plaintiff’s prior motion for a stay, it was unaware that plaintiff

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would not be permitted access to his legal materials until he returned to CSP-Sacramento. Based

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on this new information, the undersigned is inclined to recommend a stay of these proceedings
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until plaintiff is returned to CSP-Sacramento. Therefore, the court will construe plaintiff’s

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“Declaration” filed November 18, 2016 as a request for reconsideration of the court’s November

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1, 2016 order and permit defendants an opportunity to respond.

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IT IS HEREBY ORDERED as follows:

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1. Within fourteen days of the date of this order, defendants shall file any opposition to

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plaintiff’s November 18, 2016 Declaration, construed as a request for reconsideration;

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and

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2. Plaintiff may file a reply to defendants’ opposition within fourteen days of service of
the opposition.
Dated: December 12, 2016

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DLB:9
DLB1/prisoner-civil rights/morr1171.recon

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