Banks, Sr. v. Regents of the University of California, et al.

Filing 71

ORDER signed by District Judge Troy L. Nunley on 5/25/16 ORDERING that the May 9, 2016 order 67 and judgment 68 are VACATED. Plaintiff's objections 70 are deemed timely filed; Defendants are granted 14 days to file a reply to Plaintiff's objections. Plaintiff's 69 motion to continue Defendants' summary judgment motion is denied. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

YUJUAN L. BANKS, JR.,

12

Plaintiff,

13
14

v.

No. 2:14-cv-00460 TLN KJN P

ORDER

U.C. REGENTS, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

18

to 42 U.S.C. § 1983. On February 12, 2016, the magistrate judge recommended that Defendants’

19

summary judgment motion be granted. (ECF No. 64.) On March 4, 2016, the magistrate judge

20

granted Plaintiff until April 26, 2016, to file his objections to the findings and recommendations.

21

(ECF No. 66.)

22

Plaintiff did not file objections on or before April 26, 2016. On May 9, 2016, the

23

undersigned adopted the findings and recommendations after reviewing the record (ECF No. 67),

24

and judgment was entered. (ECF No. 68.)

25

On May 9, 2016, Plaintiff filed objections to the findings and recommendations. (ECF

26

No. 70.) The proof of service indicates that Plaintiff mailed his objections on April 26, 2016.

27

(Id.) Pursuant to the mailbox rule, the objections are deemed timely filed. Accordingly,

28

judgment is vacated and Defendants are granted fourteen days to file a reply to the objections.
1

1

After that time, the findings and recommendations will be re-submitted for review.
On May 9, 2016, Plaintiff filed a motion to continue Defendants’ summary judgment

2
3

motion on grounds that Plaintiff requires additional discovery. (ECF No. 69.) Plaintiff has had

4

adequate opportunity to conduct discovery. Accordingly, this request is denied. See Fed. R. Civ.

5

P. 56(d).

6

Accordingly, IT IS HEREBY ORDERED that:

7

1. The May 9, 2016 order and judgment (ECF Nos. 67, 68) are vacated;

8

2. Plaintiff’s objections (ECF No. 70) are deemed timely filed; Defendants are granted

9

fourteen days to file a reply to Plaintiff’s objections;
3. Plaintiff’s motion to continue Defendants’ summary judgment motion (ECF No. 69) is

10
11

denied.

12
13

Dated: May 25, 2016

14

Troy L. Nunley
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2