Canada v. Hamkar
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/17 ORDERING that plaintiff is granted 60 days from the date of this action in which to file an opposition to the motion for summary judgment; no further extensions of time will be granted; and the Clerk of the Court is directed to send plaintiff a copy of his complaint (ECF No. 1 ). (Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RONALD LEE CANADA,
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Plaintiff,
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v.
No. 2:14-cv-2990 WBS KJN P
ORDER
HAMKAR,
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Defendant.
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Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. §
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1983. On December 7, 2016, plaintiff was granted a 45 day extension of time in which to file an
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opposition to defendants’ motion for summary judgment. Defendants were directed to file a
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status report concerning plaintiff’s access to his legal materials.
On January 5, 2017, plaintiff filed a letter stating he will be going before the classification
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committee on January 1, 2017, and put up for another transfer. Plaintiff states that he was
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informed that his legal materials had arrived from Salinas Valley State Prison (“SVSP”) to
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California State Prison, Sacramento (“CSP-SAC”), where plaintiff is now housed, but that
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plaintiff still has not received any of his legal materials as of January 1, 2017. (ECF No. 32 at 1-
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2.)
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On January 6, 2017, defendants filed a declaration confirming that plaintiff is now housed
at CSP-SAC. On January 5, 2017, a property officer pulled all of plaintiff’s legal property
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consisting of three boxes of mail, letters, miscellaneous papers and books, and a different
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property officer delivered the three boxes to plaintiff’s cell and directed plaintiff to go through the
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boxes. Plaintiff told the property officer that plaintiff was “missing a black folder,” and that
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Salinas Valley State Prison is “playing games,” and refused to accept his legal property. The
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property officer took the property back from plaintiff’s cell. Plaintiff told the property officer he
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would submit an appeal to that institution, but could not specify what paperwork was missing,
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only a “black folder.” (ECF No. 30 at 2.)
This action proceeds on plaintiff’s Eighth Amendment claim against Dr. B. Hamkar,
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alleging Dr. Hamkar was deliberately indifferent to plaintiff’s serious medical needs, by, inter
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alia, denying plaintiff effective medication for chronic pain despite his knowledge of the
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impairments that plaintiff would suffer in the absence of the required medication. (ECF No. 5 at
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2.)
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On September 20, 2016, defendant filed a motion for summary judgment. Plaintiff has
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received numerous extensions of time in which to file an opposition. The court is aware that
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plaintiff may review and obtain copies of his medical records by following prison procedures.
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Because the instant action only pertains to plaintiff’s medical care, plaintiff is personally involved
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and aware of the care he alleges he received and did not receive. Indeed, the operative pleading
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recites plaintiff’s claims against Dr. Hamkar. In an abundance of caution, the Clerk is directed to
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send plaintiff a copy of the complaint.
The court is also aware that plaintiff is litigating other cases in this district,1 and it is
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unclear whether the missing black folder pertains to the instant case or plaintiff’s other cases. If
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the black folder contained discovery responses from defendant in this action, plaintiff may seek
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copies of such discovery responses from counsel for defendant.
In any event, plaintiff is required to file an opposition to defendant’s motion for summary
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judgment. He is granted sixty days in which to file his opposition. Failure to file an opposition
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A court may take judicial notice of court records. See, e.g., Bennett v. Medtronic, Inc., 285
F.3d 801, 803 n.2 (9th Cir. 2002) (“[W]e may take notice of proceedings in other courts, both
within and without the federal judicial system, if those proceedings have a direct relation to
matters at issue”) (internal quotation omitted).
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will result in the dismissal of this action, as expressly set forth in this court’s November 14, 2016
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order. (ECF No. 26.) No further extensions of time will be granted.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff is granted sixty days from the date of this action in which to file an opposition
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to the motion for summary judgment; no further extensions of time will be granted; and
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2. The Clerk of the Court is directed to send plaintiff a copy of his complaint (ECF No.
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1).
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Dated: January 10, 2017
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/cana2990.ext
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