Logan v. Horwitz, et al.

Filing 142

ORDER signed by Magistrate Judge Allison Claire on 1/11/18 ORDERING that plaintiff shall have 30 days from service of this order to respond to defendants' motion for summary judgment. No further extensions of time will be granted absent a showing of extraordinary circumstances and failure to respond will result in a recommendation that this action be dismissed for failure to prosecute. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES DAVID LOGAN, II,

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No. 2:15-cv-0121 MCE AC P

Plaintiff,
v.

ORDER

EVALYN HORWITZ, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On October 16, 2017, defendants filed their motion for summary judgment. ECF

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No. 135. Plaintiff then filed a notice of change of address in which he stated he had been without

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law library access, but planned to respond to the motion once he was transferred to R.J. Donovan.

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ECF No. 138. By order filed November 16, 2017, the court construed the notice as a motion for

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extension of time and granted petitioner an additional thirty days to respond to the motion for

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summary judgment. ECF No. 139. After the thirty days passed without any response from

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plaintiff, he was given an additional twenty-one days to respond to the motion and warned that

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failure to file a response would result in a recommendation that this action be dismissed for

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failure to prosecute. ECF No. 140. Plaintiff has now filed a request for the status of his case and

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stated that he needs a change of address documented. ECF No. 141.

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Plaintiff is advised that he must respond to defendants’ motion for summary judgment or
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the undersigned will recommend dismissal of this action. In light of plaintiff assertion that he has

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not had any law library access, the court will extend the current deadline for a response.

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However, plaintiff is cautioned that further extensions of time will not be granted absent a

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showing of extraordinary circumstances and if he fails to respond to the motion in the time

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provided, the undersigned will recommend dismissal for failure to prosecute without further

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discussion.

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With respect to plaintiff’s request that his address be updated, he has not provided a new

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address and the California Department of Corrections and Rehabilitation’s inmate locator shows

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that he is still housed at R.J. Donovan. Without further information from plaintiff, the court is

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unable to update his address.
Accordingly, IT IS HEREBY ORDERED that plaintiff shall have thirty days from service

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of this order to respond to defendants’ motion for summary judgment. No further extensions of

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time will be granted absent a showing of extraordinary circumstances and failure to respond will

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result in a recommendation that this action be dismissed for failure to prosecute.

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DATED: January 11, 2018

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