Spencer v. Virga et al

Filing 31

ORDER signed by Magistrate Judge Allison Claire on 2/24/2015 DENYING as moot plaintiff's 16 motion for extension of time. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THURMAN LEROY SPENCER,

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No. 2:13-cv-01626 WBS AC P

Plaintiff,
v.

ORDER

TIMOTHY VIRGA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. On February 25, 2014, plaintiff served a document entitled

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“Motion Plaintiff Denied Property for Court” in which he stated that he no longer had his ten

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boxes of legal property and needed them in order to answer orders from the court. ECF No. 16 at

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1-2. The court will construe the motion as a request for an extension of time.

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At the time the motion was filed, there were no issues pending before the court that

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required a response from plaintiff, and when plaintiff subsequently filed a letter that was nearly

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identical to his motion in terms of substance (ECF No. 22), the court construed the letter as a

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motion to extend his time to file an amended complaint and granted the request (ECF No. 23).

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Plaintiff’s motion (ECF No. 16) will therefore be denied as moot.

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Plaintiff’s motion also requested “direct access to [the] law library,” but made no claim

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that he had requested and been denied such access. ECF No. 16. Therefore this portion of the
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motion will also be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for extension of time

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(ECF No. 16) is denied as moot.

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DATED: February 24, 2015

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