Ortiz v. California Deparment of Corrections et al

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 2/27/14 ORDERING that Plaintiffs motion 18 is partially granted; and Plaintiff is granted sixty days from the date of this order in which to file an amended complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSUE ORTIZ,

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No. 2:13-cv-0617 WBS KJN P
Plaintiff,

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel. On February 25, 2014, plaintiff

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filed a document styled, “Motion for Judicial Notice.” (ECF No. 18.) Plaintiff claims he is at

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risk of suffering substantial prejudice because the jailhouse lawyer, to whom plaintiff gave copies

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of his administrative appeals, was transferred to another institution. Plaintiff contends that

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defendants allowed the jailhouse lawyer to transfer with plaintiff’s legal materials in his

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possession.

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Because plaintiff has not yet filed an amended complaint, defendants have not yet been

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served with process. However, the court finds that plaintiff has shown good cause to grant him

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additional time in which to file an amended complaint. Because some of plaintiff’s claims

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pertained to medical care, plaintiff may be able to obtain information necessary to prepare his

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amended complaint from his central file.

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Good cause appearing, plaintiff’s motion is partially granted. Plaintiff is granted sixty
days in which to file an amended complaint.

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IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion (ECF No. 18) is partially granted; and

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2. Plaintiff is granted sixty days from the date of this order in which to file an amended

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complaint.

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Dated: February 27, 2014

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/orti0617.36t

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