Benyamini v. Blackburn et al

Filing 97

ORDER signed by Magistrate Judge Allison Claire on 05/03/16 ordering plaintiff's motion to supplement the record 94 is granted. Plaintiff's objections 95 , 96 are construed as a renewed motion for extension of time to file a response to defendants' motion to deem plaintiff a vexatious litigant. Plaintiff's motion for extension 95 , 96 is granted and plaintiff shall have an additional 60 days up to and including 7/15/16 to respond to defendants' motion to deem him a vexatious litigant. No further extensions of time will be granted absent a showing of extraordinary cause. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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No. 2:13-cv-0205 MCE AC P

Plaintiff,
v.

ORDER

M. BLACKBURN, et al.,
Defendants.

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Plaintiff has filed objections to the order partially granting his motion to extend his time to

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respond to defendants’ motion to deem him a vexatious litigant (ECF Nos. 95-96) and a motion to

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supplement his objections (ECF No. 94).

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Plaintiff’s objections, which this court construes as a renewed motion for extension,

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provide the additional information the court notified plaintiff he needed to provide should he seek

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further extension of his time to file a response to the motion to deem him a vexatious litigant

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(ECF No. 93). ECF Nos. 95, 96. The motion to supplement seeks to supplement the objections

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with an MRI report and surgery and anesthesiology consent forms as proof that plaintiff had

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surgery. ECF No. 94.

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Plaintiff appears to have misunderstood the court’s previous order requiring that he

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provide additional information to support a sixty-day extension of time, as he accuses the court of

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not believing that he had surgery. ECF No. 94 at 2. However, the court only required that

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plaintiff provide additional information: specifically, the date he had or was scheduled to have

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surgery and why the surgery necessitated additional time to draft the complaint when he had

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access to voice-to-text software. ECF No. 93. Although plaintiff is proceeding pro se, he is not

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excused from providing the court with sufficient information to determine whether good cause

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exists to grant his request for extension which, contrary to plaintiff’s claim, is not minimal.

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Plaintiff is also reminded that though he is proceeding pro se, he is no longer incarcerated and is

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therefore no longer afforded much of the leniency afforded to prisoners due to their incarcerated

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status. See Jacobsen v. Filler, 790 F.2d 1362, 1364-65 & n.4 (9th Cir. 1986) (highlighting

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difference between incarcerated and unincarcerated pro se plaintiffs).

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Plaintiff has now notified the court that his surgery took place on April 15, 2016, and has

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explained the difficulties he faces in drafting his response despite his access to voice-to-text

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software. ECF Nos. 95, 96. The court finds this to be good cause for a sixty-day extension of

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plaintiff’s time to file a response to defendants’ motion to deem him a vexatious litigant. Plaintiff

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also cites numerous financial hardships. However, he is advised that while the court is

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sympathetic to his financial hardships, such difficulties do not establish good cause for extending

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deadlines. No further extensions of time will be granted absent a showing of extraordinary cause.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to supplement the record (ECF No. 94) is granted.

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2. Plaintiff’s objections (ECF Nos. 95, 96) are construed as a renewed motion for

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extension of time to file a response to defendants’ motion to deem plaintiff a vexatious litigant.
3. Plaintiff’s motion for extension (ECF Nos. 95, 96) is granted and plaintiff shall have an

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additional sixty days, up to and including July 15, 2016, to respond to defendants’ motion to

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deem him a vexatious litigant. No further extensions of time will be granted absent a showing of

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extraordinary cause.

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DATED: May 3, 2016

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