Arocha v. Sauceda et al

Filing 109

ORDER signed by Magistrate Judge Kendall J. Newman on 4/1/14 ORDERING that Plaintiffs motion to stay (ECF No. 108 ) is denied; Plaintiffs motion for an extension of time (ECF No. 108 ) is granted; plaintiff is granted thirty days from the date of this order in which to file his oppositions to defendants motions to dismiss; defendants may file a reply within seven days thereafter; The findings and recommendations addressing defendants motions to dismiss (ECF No. 104 and 106 ) are vacated.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUDY AROCHA,

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No. 2:11-cv-2959 LKK KJN P

Plaintiff,
v.

ORDER

E. SAUCEDA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On January 14, 2014, defendants Hart and Munoz filed a motion to dismiss.

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Plaintiff did not file an opposition. Accordingly, on February 26, 2014, the undersigned

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recommended that the motion to dismiss be granted. On January 31, 2014, defendant Rogel filed

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a motion to dismiss. Plaintiff did not file an opposition. Accordingly, on March 7, 2014, the

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undersigned recommended that defendant Rogel’s motion to dismiss be granted.

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On March 13, 2014, plaintiff filed a motion to stay this action due to mental health

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deterioration. Plaintiff also requested a thirty day extension of time to file oppositions to the

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motions to dismiss filed January 14, 2014 and January 31, 2014.

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While plaintiff alleges that his mental health has deteriorated, he has provided no medical

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records to support this claim. Accordingly, the motion to stay is denied without prejudice.

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Plaintiff will be granted thirty days to file oppositions to the motions to dismiss.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to stay (ECF No. 108) is denied;

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2. Plaintiff’s motion for an extension of time (ECF No. 108) is granted; plaintiff is

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granted thirty days from the date of this order in which to file his oppositions to defendants’

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motions to dismiss; defendants may file a reply within seven days thereafter;

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3. The findings and recommendations addressing defendants’ motions to dismiss (ECF

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No. 104 and 106) are vacated.

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Dated: April 1, 2014

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aroc2959.36

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