Morris v. Mogghadam et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/19/14 ORDERING that 26 Motion for Extension of time is GRANTED; Plaintiff is granted 30 days from the date of this order in which to file and serve his oppositions to defendants motion for summary judgment and motion to dismiss; The undersigned requests that the Litigation Coordinator at Salinas Valley State Prison assist plaintiff in obtaining plaintiffs opposition and notes from inmate Charles Parks property; and the Clerk of the Co urt is directed to: Send plaintiff a copy of defendants July 30, 2014 motion to dismiss (ECF Nos. 23 and 23 -1); and Send a copy of this order to the Litigation Coordinator at Salinas Valley State Prison, P.O. Box 1020, Soledad, CA 93960-1020. (Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WAYNE MORRIS,
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Plaintiff,
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No. 2:13-cv-0805 KJM KJN P
v.
ORDER
ELIYA MOGGHADAM, M.D.,
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Defendant.
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Plaintiff is a state prisoner proceeding without counsel. Plaintiff has filed his second
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request for an extension of time to file an opposition to defendant’s motion for summary
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judgment and motion to dismiss. Plaintiff states that he was working on his oppositions and had
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sought the assistance of another inmate, Charles Parks, to type them up. However, on September
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5, 2014, the inmate was placed in administrative segregation and plaintiff’s only copy of the
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motion to dismiss, plaintiff’s opposition to the motion to dismiss, along with his notes, were
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packed into Mr. Parks’ legal materials and stored. Plaintiff states that correctional officers would
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not assist plaintiff in retrieving his notes from Mr. Parks’ property. Plaintiff seeks a replacement
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copy of the motion to dismiss, an extension of time to file his oppositions, and an order requiring
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prison officials at Salinas Valley State Prison to retrieve plaintiff’s opposition and notes from
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Charles Parks’ property.
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In the instant action, plaintiff challenges actions that occurred at the California State
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Prison in Sacramento, where defendant is employed. Plaintiff seeks a court order against
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individuals who are not parties to this action. As a general rule this court is unable to issue an
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order against individuals who are not parties to a suit pending before it. Zenith Radio Corp. v.
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Hazeltine Research, Inc., 395 U.S. 100 (1969). However, the court cannot resolve the pending
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motions until plaintiff is able to file his oppositions. Therefore, the court will partially grant
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plaintiff’s request. Plaintiff is granted an extension of time to oppose the pending motions, and
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the Clerk of the Court is directed to send plaintiff a copy of defendant’s motion to dismiss. The
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undersigned asks the litigation coordinator at Salinas Valley State Prison to assist plaintiff in any
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way possible to obtain his opposition to the motion to dismiss and plaintiff’s notes from inmate
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Parks’ property. Plaintiff is advised that his oppositions do not have to be typewritten.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request for an extension of time (ECF No. 26) is granted;
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2. Plaintiff is granted thirty days from the date of this order in which to file and serve his
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oppositions to defendant’s motion for summary judgment and motion to dismiss;
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3. The undersigned requests that the Litigation Coordinator at Salinas Valley State Prison
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assist plaintiff in obtaining plaintiff’s opposition and notes from inmate Charles Parks’ property;
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and
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4. The Clerk of the Court is directed to:
a. Send plaintiff a copy of defendant’s July 30, 2014 motion to dismiss (ECF Nos.
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23 and 23-1); and
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b. Send a copy of this order to the Litigation Coordinator at Salinas Valley State
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Prison, P.O. Box 1020, Soledad, CA 93960-1020.
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Dated: September 19, 2014
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morr0805.36sec(2)
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