Allen v. Virga et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 1/16/13 granting 17 Motion for Extension of time. Plaintiff is granted 60 days from the date of this order in which to file a response to the 12/10/12 motion to dismiss. (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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KEVIN ALLEN,
Plaintiff,

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vs.

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No. 2:12-cv-1583 AC P

T. VIRGA, et al.,

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Defendants.
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ORDER

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

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December 10, 2012 motion to dismiss. A review of the docket of this case reveals that plaintiff

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has very recently been transferred from California State Prison-Sacramento to Salinas Valley

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State Prison. Evidently there has not been enough time for him to be reunited with his property.

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Plaintiff seeks both an extension of time and an order from the court directing New Folsom State

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Prison (CSP-Sac) to send him all of his property.

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It has been this court’s experience that it takes six or more weeks for an inmate’s

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personal property (including legal property) to catch up with him upon his transfer. Therefore,

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the court will grant plaintiff additional time to allow for his property to reach him before his

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opposition will be due.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s January 14, 2013 motion for an extension of time (Doc. No. 17) is

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granted;

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2. Plaintiff is granted 60 days from the date of this order in which to file a

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response to the December 10, 2012 motion to dismiss.

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DATED: January 16, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:009/md

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alle1583.36