Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 148

ORDER signed by Magistrate Judge Allison Claire on 10/2/2017 DENYING 147 Motion for Extension of Time; DIRECTING Clerk of Court to update docket to reflect plaintiff's address of record as California Medical Facility, P.O. Box 2000, Vacaville, CA 95696; and DIRECTING Clerk of Court to re-serve plaintiff 146 Findings and Recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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No. 2:12-cv-0414 MCE AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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Plaintiff has filed a motion for extension of time to file a response to the defendants’ reply

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in support of their motion for summary judgment. ECF No. 147. He requests the additional time

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because he has been transferred to a new prison. Id.

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After defendants submitted their reply, the motion for summary judgment was fully

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briefed. Plaintiff is not permitted to a file a sur-reply absent leave of the court, which will not be

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granted. The request for an extension of time will therefore be denied.

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The court notes that although plaintiff states he has been transferred to a new prison, he

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has not filed a notice of change of address. The Inmate Locator website operated by the

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California Department of Corrections and Rehabilitation (CDCR) indicates that plaintiff is

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currently incarcerated at the California Medical Facility. The Clerk of the Court will be directed

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to update the docket accordingly and to re-serve plaintiff with the order and findings and

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recommendations filed September 27, 2017.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time (ECF No. 147) is denied.

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2. The Clerk of the Court is directed to update the docket to reflect plaintiff’s address of

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record as California Medical Facility, P.O. Box 2000, Vacaville, CA 95696.
3. The Clerk of the Court is directed to re-serve plaintiff a copy of the September 27,

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2017 order and findings and recommendations (ECF No. 146) at his new address.

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DATED: October 2, 2017

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