Porter v. Traquina

Filing 54

ORDER signed by District Judge Troy L. Nunley on 5/22/2017 ORDERING that the findings and recommendations filed 4/13/2107 53 are ADOPTED in full; Plaintiff's motions for an extension of time 51 , 52 are DENIED; this case is STAYED u ntil Plaintiff completes his program at California Health Care Facility ("CHCF") and regains access to his legal property and a law library; Defendant's 12/16/2016 motion for summary judgment 47 is DENIED without prejudice to its renewal when the stay is lifted and the case re-opened; Plaintiff shall inform the Court when he completes his program at CHCF and regains access to his legal property and a law library; and the Clerk shall administratively close this case. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SANTANA PORTER,

12

Plaintiff,

13
14

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

v.

ORDER

ALVARO C. TRAQUINA,

15

Defendant.

16
17

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18

under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

19

28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 13, 2017, the magistrate judge filed findings and recommendations herein, which

20
21

were served on all parties and which contained notice to all parties that any objections to the

22

findings and recommendations were to be filed within fourteen days. Neither party has filed

23

objections to the findings and recommendations.
The Court has reviewed the file and finds the findings and recommendations to be

24
25

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

26

ORDERED that:
1. The findings and recommendations filed April 13, 2107 (ECF No. 53) are adopted in

27
28

full;
1

1

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

2

3. This case is stayed until Plaintiff completes his program at California Health Care

3
4
5
6
7
8

Facility (“CHCF”) and regains access to his legal property and a law library;
4. Defendant’s December 16, 2016 motion for summary judgment (ECF No. 47) is denied
without prejudice to its renewal when the stay is lifted and the case re-opened;
5. Plaintiff shall inform the Court when he completes his program at CHCF and regains
access to his legal property and a law library; and
6. The Clerk of the Court shall administratively close this case.

9
10

Dated: May 22, 2017

11
12
13

Troy L. Nunley
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2