Morris v. Mogghadam et al

Filing 27

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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE MORRIS, 12 Plaintiff, 13 14 No. 2:13-cv-0805 KJM KJN P v. ORDER ELIYA MOGGHADAM, M.D., 15 Defendant. 16 Plaintiff is a state prisoner proceeding without counsel. Plaintiff has filed his second 17 18 request for an extension of time to file an opposition to defendant’s motion for summary 19 judgment and motion to dismiss. Plaintiff states that he was working on his oppositions and had 20 sought the assistance of another inmate, Charles Parks, to type them up. However, on September 21 5, 2014, the inmate was placed in administrative segregation and plaintiff’s only copy of the 22 motion to dismiss, plaintiff’s opposition to the motion to dismiss, along with his notes, were 23 packed into Mr. Parks’ legal materials and stored. Plaintiff states that correctional officers would 24 not assist plaintiff in retrieving his notes from Mr. Parks’ property. Plaintiff seeks a replacement 25 copy of the motion to dismiss, an extension of time to file his oppositions, and an order requiring 26 prison officials at Salinas Valley State Prison to retrieve plaintiff’s opposition and notes from 27 Charles Parks’ property. 28 //// 1 In the instant action, plaintiff challenges actions that occurred at the California State 2 Prison in Sacramento, where defendant is employed. Plaintiff seeks a court order against 3 individuals who are not parties to this action. As a general rule this court is unable to issue an 4 order against individuals who are not parties to a suit pending before it. Zenith Radio Corp. v. 5 Hazeltine Research, Inc., 395 U.S. 100 (1969). However, the court cannot resolve the pending 6 motions until plaintiff is able to file his oppositions. Therefore, the court will partially grant 7 plaintiff’s request. Plaintiff is granted an extension of time to oppose the pending motions, and 8 the Clerk of the Court is directed to send plaintiff a copy of defendant’s motion to dismiss. The 9 undersigned asks the litigation coordinator at Salinas Valley State Prison to assist plaintiff in any 10 way possible to obtain his opposition to the motion to dismiss and plaintiff’s notes from inmate 11 Parks’ property. Plaintiff is advised that his oppositions do not have to be typewritten. 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. Plaintiff’s request for an extension of time (ECF No. 26) is granted; 14 2. Plaintiff is granted thirty days from the date of this order in which to file and serve his 15 oppositions to defendant’s motion for summary judgment and motion to dismiss; 16 3. The undersigned requests that the Litigation Coordinator at Salinas Valley State Prison 17 assist plaintiff in obtaining plaintiff’s opposition and notes from inmate Charles Parks’ property; 18 and 19 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. 20 21 23 and 23-1); and 22 b. Send a copy of this order to the Litigation Coordinator at Salinas Valley State 23 Prison, P.O. Box 1020, Soledad, CA 93960-1020. 24 Dated: September 19, 2014 25 26 morr0805.36sec(2) 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?