Walker v. Mohadjer et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 07/09/14 ordering defendants' counsel has discharged the order at ECF 72 . Plaintiff is granted a 30 day extension of time from the date of this order to file an opposition to defenants' 5/28/14 motion to revoke plaintiff's IFP status and to dismiss. There will be no further extension of time. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JEFFREY E. WALKER,
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No. 2:13-cv-1193 WBS AC P
Plaintiff,
v.
ORDER
MOHADJER, Clinical Psychologist, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought
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pursuant to 42 U.S.C. § 1983. By Order filed on May 15, 2014, defendants’ motion to revoke
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plaintiff’s in forma pauperis status and to dismiss was vacated without prejudice to its renewal
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once plaintiff notified the court, and defendants’ counsel confirmed, that he had been reunited
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with his legal property and has law library access. ECF No. 72. In plaintiff’s May 12, 2014
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request for an extension of time plaintiff had indicated he was out of crisis bed housing and had
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received his legal property but that a number of his documents had been scattered and trashed.
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ECF No. 71. He requested copies of a number of filings in this case and was provided
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information by the Clerk as to the cost for copying documents. Id. On May 28, 2014, counsel for
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defendants filed a notice that she had confirmed with the Richard J. Donovan Correctional
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Facility litigation coordinator , on May 19, 2014, that plaintiff had been returned to ad seg as of
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May 6, 2014 and had had access to the law library and his legal materials since that time. ECF
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No. 73. Also on May 28, 2014, defendants renewed their motion to revoke IFP status and motion
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to dismiss. ECF No. 74.
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Plaintiff has failed to file a timely opposition to the motion. Plaintiff will be granted one
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further opportunity to oppose the motion. His failure to file an opposition within the time
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provided by this order will be deemed a statement of non-opposition and result in a
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recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).
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Accordingly, IT IS ORDERED that:
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1. Defendants’ counsel has discharged the order at ECF No. 72;
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2. Plaintiff is granted a thirty-day extension of time from the date of this order to file an
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opposition to defendants’ May 28, 2014 motion to revoke plaintiff’s IFP status and to dismiss;
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failure to do so will result in a recommendation that this action be dismissed pursuant Federal
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Rule of Civil Procedure 41(b); and
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3. There will be no further extension of time.
DATED: July 9, 2014
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