White v. Smyers et al

Filing 196

ORDER signed by Magistrate Judge Allison Claire on 9/13/16 ORDERING that on or before September 22, 2016, any party may file and serve objections to the findings and recommendations filed August 23, 2016 (ECF No. 190 ); no further extensions of ti me will be granted. Plaintiff's motion filed September 9, 2016, ECF No. 194 , is GRANTED AS FOLLOWS: Deputy California Attorney General Ms. Hammond is requested to do the following: a. Within 7 days after the filing date of this order: (i) con tact the CSPRJD Litigation Coordinator and ascertain when plaintiff will be in possession of all his legal materials; and (ii) file and serve a statement so informing the court. b. Within 14 days after the filing date of this order: (i) ascertain f rom each defense counsel the earliest available dates when all attorneys will be available to conduct and conclude plaintiffs deposition;2 (ii) schedule with the CSP-RJD Litigation Coordinator an agreed-upon date to conduct and conclude plaintiff&# 039;s deposition, when plaintiff will be in possession of all his legal materials and appropriate arrangements can be made to accommodate plaintiff's physical limitations and pain symptoms; and (iii) file and serve a statement so informing plaintiff and the court.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WALTER HOWARD WHITE,

No. 2:12-cv-2868 MCE AC P

Plaintiff,

12
13

v.

14

ORDER

SMYERS, et al.,
Defendants.

15
16

Plaintiff is a state prisoner who proceeds pro se in this civil rights action filed pursuant to

17
18

42 U.S.C. § 1983. By letter written August 28, 2016, plaintiff informed the court he was

19

transferred to California State Prison-Richard J. Donovan (CSP-RJD). ECF No. 188. Plaintiff

20

also informs the court that he anticipates being released from prison in approximately 18 weeks.

21

ECF No. 194 at 2. Presently pending is plaintiff’s motion for a court order directing CDCR to

22

deliver to plaintiff all of his legal materials. ECF No. 194. By this order, the court requests the

23

assistance of the Deputy California Attorney General assigned this case to facilitate the delivery

24

of plaintiff’s legal materials,1 and extends recently-imposed deadlines.

25
26
27
28

1

Defendants are represented by three separate attorneys. Defendant Miranda is represented by
Mr. Thomas Cregger; defendant Pomazal is represented by Mr. Noah Blechman; and defendants
Lankford, Rofling, Mayes, Schmidt, Lee and Swingle are now represented by Deputy Attorney
General Ms. Kelli Marie Hammond.
1

1

On August 23, 2016, this court issued an order directing defendants to schedule the final

2

session of plaintiff’s deposition. See ECF No. 189. The court set a schedule for arranging and

3

conducting plaintiff’s deposition and for so informing the court. Id. This order sets new

4

guidelines and dates.

5

Also on August 23, 2016, this court issued an order and findings and recommendations

6

which denied plaintiff’s requests to stay this action and recommended the denial of plaintiff’s

7

motion for preliminary injunctive relief. See ECF No. 190. The court set a 14-day period within

8

which the parties could file objections to the findings and recommendations. Id. This order

9

extends that deadline to 14 days after the Clerk of Court, on September 8, 2016, re-served the

10

findings and recommendations on plaintiff at his current address. Because the findings and

11

recommendations are very detailed concerning the factual matters addressed therein, and clearly

12

sets forth the applicable legal standards, plaintiff does not require access to his legal materials to

13

prepare and file objections.

14

Accordingly, IT IS HEREBY ORDERED that:

15

1. On or before September 22, 2016, any party may file and serve objections to the

16

findings and recommendations filed August 23, 2016 (ECF No. 190); no further extensions of

17

time will be granted.

18

2. Plaintiff’s motion filed September 9, 2016, ECF No. 194, is granted as follows.

19

3. Deputy California Attorney General Ms. Hammond is requested to do the following:

20

a. Within seven (7) days after the filing date of this order: (i) contact the CSP-

21

RJD Litigation Coordinator and ascertain when plaintiff will be in possession of all his legal

22

materials; and (ii) file and serve a statement so informing the court.

23

b. Within fourteen (14) days after the filing date of this order: (i) ascertain from

24

each defense counsel the earliest available dates when all attorneys will be available to conduct

25

and conclude plaintiff’s deposition;2 (ii) schedule with the CSP-RJD Litigation Coordinator an

26

2

27
28

As earlier ruled by this court, although plaintiff’s deposition should be scheduled for an entire
day, the period of time for questioning and answering is limited to a total of five-and-one-half
hours, as previously estimated by defense counsel. See ECF No. 189 at 2-3 (quoting ECF No.
153 at 5-8).
2

1

agreed-upon date to conduct and conclude plaintiff’s deposition, when plaintiff will be in

2

possession of all his legal materials and appropriate arrangements can be made to accommodate

3

plaintiff’s physical limitations and pain symptoms; and (iii) file and serve a statement so

4

informing plaintiff and the court.

5

SO ORDERED.

6

DATED: September 13, 2016

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3