Morris v. Bradford et al

Filing 89

ORDER signed by Magistrate Judge Deborah Barnes on 1/22/18 ORDERING within 30 days of the date of this order, plaintiff shall inform the court whether he has possession of his legal materials. (Plummer, M)

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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 an action under

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42 U.S.C. § 1983. In January 2016, defendants moved for summary judgment. After he received

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multiple extensions of time to file an opposition, plaintiff informed the court that he had been

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temporarily transferred to a psychiatric program at Salinas Valley State Prison and did not have

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access to his legal materials, which, he believed remained at California State Prison (“CSP”)-

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Sacramento. In February 2017, the court stayed these proceedings until plaintiff regained access

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to his legal paperwork. (ECF Nos. 86, 87.) Plaintiff was ordered to inform the court when he

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was returned to CSP-Sacramento.
In August 2017, based on a notice filed by plaintiff in another case pending in this court,

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plaintiff’s address was changed from Salinas Valley State Prison to California State Prison-

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Lancaster. On January 17, 2018, defendants moved to reopen this case. (ECF No. 88.)

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Defendants state that plaintiff remains at CSP-Lancaster and should now have possession of his

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legal materials. Therefore, according to defendants, these proceedings should resume.

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Good cause appearing, IT IS HEREBY ORDERED that within thirty days of the date of

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this order, plaintiff shall inform the court whether he has possession of his legal materials.

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Dated: January 22, 2018

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DLB:9
DB/prisoner-civil rights/morr1171.mot lift stay

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