(PC) Arzaga v. Lovett

Filing 43

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/2015 ORDERING that within 21 days, defense counsel shall coordinate with counsel for the CDCR to determine plaintiff's housing status, including: (1) where plaintiff is currently housed; (2) if plaintiff is not currently housed at his normal institution of incarceration, when plaintiff is expected to be returned to that institution; and (3) whether plaintiff currently has access to pens, paper, his legal materials, and a law library. Upon receipt of the above information, the court will rule on plaintiff's January 9, 2015 request for an extension of time.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL JESUS ARZAGA,

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No. 2:11-cv-3303 JAM EFB P

Plaintiff,
v.

ORDER

CRAIG LOVETT,
Defendant.

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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. The court appointed counsel for plaintiff for the limited purpose of filing an

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amended complaint. ECF No. 28. That complaint was filed on November 26, 2013. ECF No.

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30. For screening purposes under 28 U.S.C. § 1915A, the court found that the complaint stated a

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cognizable claim against defendant Lovett. ECF No. 31. Lovett was subsequently served with

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the complaint and filed a motion to dismiss. ECF Nos. 37, 39. When plaintiff failed to timely

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oppose the motion, the court issued an order to plaintiff to submit either an opposition or

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statement of no opposition by January 9, 2015. ECF No. 40.

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In response to the court’s order, plaintiff has filed a brief motion asking for an extension

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of time to file his opposition. ECF No. 41. Plaintiff states that he is currently housed in a state

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hospital where he cannot access pens, paper, or legal materials. Id. Plaintiff asks that the court

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grant him a “meaningful amount of time” to file an opposition. Id. Defendant opposes the
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request, arguing that, without counsel, plaintiff will likely be unable to draft an opposition brief.

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ECF No. 42.

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The court finds that, because plaintiff alleges that he is currently being housed without

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access to the necessary materials to draft his opposition brief, it would be inappropriate to deny

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the requested extension of time. However, the court requires more information before it can

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determine the appropriate length of such extension.

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Accordingly, it is hereby ORDERED that:

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1. Within 21 days of the date of this order, defense counsel shall coordinate with

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counsel for the California Department of Corrections and Rehabilitation to

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determine plaintiff’s housing status, including: (1) where plaintiff is currently

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housed; (2) if plaintiff is not currently housed at his normal institution of

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incarceration, when plaintiff is expected to be returned to that institution; and (3)

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whether plaintiff currently has access to pens, paper, his legal materials, and a law

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library.

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2. Upon receipt of the above information, the court will rule on plaintiff’s January 9,
2015 request for an extension of time.
DATED: January 29, 2015.

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