Armstrong v. Young et al

Filing 59

ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/2013 VACATING 51 Findings and Recommendations; PARTIALLY GRANTING 55 Motion for Reconsideration; GRANTING Plaintiff thirty days to file a response to 47 Order to Show Cause. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRADY ARMSTRONG,

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No. 2:12-cv-0123 TLN KJN P

Plaintiff,
v.

ORDER

D. YOUNG, et al.,
Defendants.

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On August 7, 2013, the undersigned recommended that this action be dismissed based on

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plaintiff’s failure to show cause as set forth in this court’s June 28, 2013 order. On August 23,

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2013, plaintiff filed a document styled “Notice of Motion and Motion Posthaste Reconsideration

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of Magistrate Judge Findings and Recommendations.” (ECF No. 55.) Plaintiff appears to seek

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additional time to respond to the order show cause in light of difficulties plaintiff has encountered

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in receiving his mail and preparing his response. Accordingly, the court vacates the findings and

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recommendations, and provides plaintiff additional time in which to address the order to show

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cause. Plaintiff is cautioned, however, that failure to timely address the order to show cause will

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result in a recommendation that this action be dismissed.

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IT IS HEREBY ORDERED that:

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1. The August 7, 2013 findings and recommendations (ECF No. 51) are vacated;

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2. Plaintiff’s August 23, 2013 motion (ECF No. 55) is partially granted; and

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3. Plaintiff is granted thirty days from the date of this order in which to file a response to

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the June 28, 2013 order to show cause (ECF No. 47).

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Dated: October 7, 2013

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arms0123.eot2

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