Walker v. Mohadjer et al

Filing 110

ORDER signed by Magistrate Judge Allison Claire on 12/16/15 ordering plaintiff must notify the court within 7 days of obtaining access to his legal materials. Defendants motion for summary judgment 99 is vacated without prejudice to its renewal once plaintiff notifies the court and defendants counsel confirms, that he has been reunited with his legal property. Upon re-notice of the motion for summary judgment, plaintiff will have 30 days to file his opposition. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY E. WALKER,

12

Plaintiff,

13
14

No. 2:13-cv-1193 WBS AC P

v.

ORDER

MOHADJER, et al.,

15

Defendants.

16
Plaintiff is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On

17
18

July 14, 2015 defendants filed a motion for summary judgment on the grounds that plaintiff failed

19

to exhaust administrative remedies prior to filing suit. ECF No. 99. Plaintiff filed a motion for an

20

extension of time to oppose defendants’ summary judgment motion. ECF No. 104. In his

21

motion, plaintiff informed the court of his ongoing litigation in several other cases and referenced

22

an upcoming hearing on December 18, 2015. Id. at 1-2. Plaintiff also filed a separate request for

23

a court order directing his legal materials to be forwarded from R.J. Donovan Correctional

24

Facility (“RJD”) to his new location at San Francisco County Jail. ECF No. 103. On October 23,

25

2015, the court granted plaintiff’s motion for an extension of time to oppose defendants’ motion

26

for summary judgment.1 ECF No. 105. On December 4, 2015, the court issued an order directing

27
28

1

In the same order, the court denied plaintiff’s request for an extension of the discovery
(continued…)
1

1

defendants to update the court regarding the status of plaintiff’s legal property at RJD. ECF No.

2

106. Defendants were also directed to advise the court whether plaintiff’s transfer to San

3

Francisco County Jail is temporary and whether plaintiff is expected to return to CDCR custody.

4

The court noted that plaintiff would be given additional time to oppose defendants’ summary

5

judgment motion once the issue of access to his legal property is resolved.

6

On December 14, 2015, defendants filed a notice with the court indicating that plaintiff

7

paroled from CDCR custody on June 11, 2015 and was transferred to San Francisco County Jail

8

where he is undergoing processing for transfer to the Sexually Violent Predator program under

9

the California Department of State Hospitals. ECF No. 109, 109-1. Plaintiff is not expected to

10

return to CDCR custody. Id. Defendants further advised the court that two boxes of materials

11

belonging to plaintiff were located at RJD, one of which contained legal documents. Id. at 2.

12

Those materials were shipped to plaintiff at San Francisco County Jail on December 11, 2015. Id.

13

This represents a six-month delay in the forwarding of plaintiff’s legal property, which the court

14

finds problematic.

15

In light of the information provided by defendants, it appears that the December 18, 2015

16

hearing plaintiff referred to in his request for an extension of time is a civil commitment hearing

17

related to the Sexually Violent Predator program. See ECF No. 104 at 2. As this hearing is

18

scheduled to take place in a few days, it is not clear how much longer plaintiff will remain at San

19

Francisco County Jail or when plaintiff will be able to access his legal materials once they arrive

20

at San Francisco County Jail. In consideration of the above circumstances, IT IS HEREBY

21

ORDERED that:

22
23

1. Plaintiff must notify the court within seven (7) days of obtaining access to his legal
materials;

24

2. Defendants’ motion for summary judgment (ECF No. 99) is VACATED without

25

prejudice to its renewal once plaintiff notifies the court, and defendants’ counsel

26
27

deadline, ECF No. 102, as moot because discovery had already been stayed pending resolution of
defendants’ motion for summary judgment. ECF No. 105.

28
2

1

confirms, that he has been reunited with his legal property;

2

3. Upon re-notice of the motion for summary judgment, plaintiff will have thirty (30)

3

days to file his opposition. Failure to file a timely opposition will be deemed a

4

statement of non-opposition and result in a recommendation of dismissal of this

5

action.

6

DATED: December 16, 2015

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