Porter v. Traquina

Filing 53

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/12/17 recommending that plaintiff's motions for an extension of time 51 , 52 be denied. This case be stayed until plaintiff completes his program at CHCF and regains access to his legal property and a law library. Defendant's 12/16/16 motion for summary judgment 47 be denied without prejudice to its renewal when the stay is lifted and the case re-opened. Plaintiff be ordered to inform the court when he completes his program at CHCF and regains access to his legal property and a law library; and the clerk of the court be directed to administratively close this case. Motions 47 , 51 and 52 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SANTANA PORTER,

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No. 2:12-cv-2266 TLN DB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

ALVARO C. TRAQUINA,
Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. Plaintiff alleges defendant Dr. Traquina was deliberately indifferent to

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plaintiff’s serious medical needs with respect to surgery Dr. Traquina performed on plaintiff’s

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foot. Plaintiff has requested a six-month extension of time to file an opposition to defendant’s

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motion for summary judgment filed December 16, 2016. Plaintiff states that he is attending a six

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to nine-month program at California Health Care Facility (“CHCF”) and does not have access to

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either his legal property or a law library. (See ECF Nos. 50, 51.)

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Because plaintiff is uncertain of the length of his stay at CHCF and, therefore, also

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uncertain when he will regain access to his legal property and a law library, the court finds the

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most appropriate course would be temporarily staying this case until plaintiff regains access to his

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legal property and a law library.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. Plaintiff’s motions for an extension of time (ECF Nos. 51, 52) be denied;

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2. This case be stayed until plaintiff completes his program at CHCF and regains access
to his legal property and a law library;
3. Defendant’s December 16, 2016 motion for summary judgment (ECF No. 47) be

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denied without prejudice to its renewal when the stay is lifted and the case re-opened;

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4. Plaintiff be ordered to inform the court when he completes his program at CHCF and

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regains access to his legal property and a law library; and

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5. The Clerk of the Court be directed to administratively close this case.

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These findings and recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. The document should be captioned

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“Objections to Magistrate Judge's Findings and Recommendations.” Any response to the

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objections shall be filed and served within seven days after service of the objections. The parties

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are advised that failure to file objections within the specified time may result in waiver of the

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right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: April 12, 2017

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DLB:9
DLB1/prisoner-civil rights/port2266.stay fr

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