Spencer v. Virga et al

Filing 33

ORDER signed by Magistrate Judge Allison Claire on 4/2/15 ORDERING that plaintiffs motion to extend his time to file objections (ECF No. 32 ) is granted, and he shall have until April 10, 2015, to file objections to the January 26, 2015 findings and recommendations. Defendants reply, if any, shall be filed within seven days thereafter.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THURMAN LERON SPENCER,

12

Plaintiff,

13
14

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

v.

ORDER

TIMOTHY VIRGA, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

17
18

action seeking relief under 42 U.S.C. § 1983. Plaintiff has filed a letter advising that he did not

19

receive the court’s February 24, 2015 order granting his motion to extend his time to file

20

objections (ECF No. 30) until March 10, 2015. ECF No. 32. As a result, he states that he is

21

calculating his deadline to file objections to the January 26, 2015 findings and recommendations

22

(ECF No. 27) as April 10, 2015, thirty days from the date he received the order. Id.
The court extended plaintiff’s deadline to file objections to thirty days from the date of the

23
24

order, not thirty days from the date plaintiff received the order. ECF No. 30. However,

25

plaintiff’s letter will be construed as a motion for extension, which the court will grant.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to extend his time to file

26
27

objections (ECF No. 32) is granted, and he shall have until April 10, 2015, to file objections to

28

////
1

1

the January 26, 2015 findings and recommendations. Defendants’ reply, if any, shall be filed

2

within seven days thereafter.

3

DATED: April 2, 2015

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2