Anderson v. Kelso, et al.

Filing 70

ORDER signed by Magistrate Judge Kendall J. Newman on 07/19/12 granting 69 Motion for Extension of time. Plaintiff is granted 30 days to file objections to the 06/25/12 findings and recommendations. Plaintiff's motion for permission to enter other housing units to obtain declarations from other prisoners 68 is denied. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL ANDERSON,

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Plaintiff,

No. 12-cv-0261 MCE KJN P

vs.

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MATTHEW TATE, et al.,

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Defendants.

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

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pursuant to 42 U.S.C. § 1983. On June 25, 2012, the undersigned recommended that plaintiff’s

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motions for injunctive relief be denied as moot. In particular, the undersigned found that

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plaintiff’s request for pain medication was moot as plaintiff was now receiving pain medication.

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On July 11, 2012, plaintiff filed a motion for a thirty day extension of time to file

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objections to the June 25, 2012 findings and recommendations. In this motion, plaintiff states

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that it is not clear to him whether the court requires that he file objections to the June 25, 2012

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findings and recommendations. Plaintiff is informed that he is not required to file objections.

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Because plaintiff is now receiving pain medication, the grounds of any objections by plaintiff to

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the June 25, 2012 findings and recommendations are unclear. However, in an abundance of

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caution, plaintiff is granted thirty days to file objections if he so chooses.
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On July 11, 2012, plaintiff filed a motion requesting permission to file

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declarations by other prisoners stating that they also did not receive their pain medication. In this

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motion, plaintiff requests that the court order prison officials to allow him to go into housing

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units other than his own to obtain these declarations.

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If plaintiff wishes to enter housing units other than his own, he must seek

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permission to do so from prison officials. The court is not authorized to order prison officials to

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allow plaintiff to enter housing units other than his own so that he may obtain these declarations.

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For this reason, plaintiff’s request that the court order prison officials to allow him to enter

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housing units other than his own to obtain declarations is denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for extension of time (Dkt. No. 69) is granted; plaintiff is

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granted thirty days to file objections to the June 25, 2012 findings and recommendations;

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2. Plaintiff’s motion for permission to enter other housing units to obtain

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declarations from other prisoners (Dkt. No. 68) is denied.

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DATED: July 19, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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an261.ord

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