Canada v. Hamkar

Filing 48

ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2017 VACATING 42 Plaintiff's deadline to oppose the pending motion for summary judgment. Defendant shall address the issues concerning plaintiff's legal materials and the proposed stay within 21 days of this order. (Henshaw, R) Modified on 5/3/2017 (Donati, J).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD LEE CANADA, 12 Plaintiff, 13 14 15 v. No. 2:14-cv-2990 WBS KJN P ORDER HAMKAR, Defendant. 16 17 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 18 1983. Defendant’s motion for summary judgment, filed September 20, 2016, remains pending. 19 Plaintiff was transferred to the Department of State Hospitals at Vacaville without his legal 20 materials. Plaintiff claims that “it should not be a problem with him having his legal materials in 21 his cell.” (ECF No. 47 at 2.) However, defendant states that plaintiff’s legal materials and 22 property would be retained at Kern Valley State Prison until plaintiff completes his treatment at 23 Vacaville. (ECF No. 44.) In this court’s experience, inmates are often not allowed to have their 24 legal materials while temporarily housed at the Department of State Hospitals. 25 Thus, the record is unclear whether plaintiff is allowed to have legal materials, and if he 26 is, whether there is a possibility that his legal materials may exceed the space allowed where he is 27 presently housed, or whether it is feasible for someone other than plaintiff to determine what 28 portion of the legal materials should be forwarded. Because of the delays incurred, and plaintiff’s 1 1 current housing, it is also unclear whether the court should stay this action, terminate the motion 2 without prejudice to its renewal, and allow defendant to re-notice the motion once plaintiff is 3 returned to Kern Valley. The court will vacate plaintiff’s deadline to oppose the motion in light 4 of his lack of legal materials, and ask defendant to address the issues highlighted by this order. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s deadline to oppose the pending motion for summary judgment is vacated 7 8 9 10 (ECF No. 42); and 2. Within twenty-one days from the date of this order, defendant shall address the above issues concerning plaintiff’s legal materials and the proposed stay. Dated: May 3, 2017 11 12 13 /cana2990.vac 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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