Crane v. Rodriguez et al

Filing 331

ORDER signed by District Judge Troy L. Nunley on 03/27/2023 ADOPTING 322 Findings and Recommendations in full; GRANTING 236 Motion for Summary Judgment as to the following Claims: 1) Plaintiff's claims regarding the 01/16/2013 incident bas ed on plaintiff's failure to exhaust administrative remedies (including the related claim against defendant Davey); 2) Plaintiff's claims against defendant Robinette regarding the 01/22/2011 incident as without merit; and 3) Plaintiff' s claims against Defendant Davey regarding the 03/01/2013 incident as without merit; DENYING in all other respects the 236 Motion for Summary Judgment on behalf of Defendants Barton, etc.; DENYING 240 Motion for Summary Judgment on behalf of Defendant Weeks; DENYING 328 Plaintiff's second Motion for Extension of Time. (Rodriguez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD CRANE,

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No. 2:15-cv-00208-TLN-KJN

Plaintiff,

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v.

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ORDER

RODRIGUEZ, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 5, 2023, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within thirty days. No party has filed

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objections to the findings and recommendations.
Pending before the Court is Plaintiff’s second motion for extension of time to file

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objections to the January 5, 2023 findings and recommendations.1 (ECF No. 328.) In the

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pending motion, Plaintiff states that on February 15, 2023, he filed a motion for clarification. (Id.

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On February 3, 2023, the magistrate judge granted Plaintiff’s first motion requesting a thirtyday extension of time to file objections. (ECF No. 324.)
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at 1.) Plaintiff indicates that he cannot file objections until the Court rules on his motion for

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clarification. (Id. at 1–2.) On March 20, 2023, the magistrate judge denied plaintiff’s motion for

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clarification. (ECF No. 330.) The magistrate judge found that the arguments raised in Plaintiff’s

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motion for clarification do not concern the instant action. (Id.) In the pending motion, Plaintiff

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also claims he needs additional time to “research and prepare.” (ECF No. 328 at 2.) Plaintiff

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does not explain why he was unable to prepare his objections during the time previously granted

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by the Court. For the reasons discussed above, this Court finds that Plaintiff has not shown good

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cause to grant his second motion for extension of time to file objections. Accordingly, this

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motion is DENIED.

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The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 5, 2023, are ADOPTED IN FULL;

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2. The motion for summary judgment on behalf of Defendants Barton, etc. (ECF No. 236)

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is GRANTED as to the following claims: 1) Plaintiff’s claims regarding the January 16, 2013

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incident based on plaintiff’s failure to exhaust administrative remedies (including the related

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claim against defendant Davey); 2) Plaintiff’s claims against defendant Robinette regarding the

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January 22, 2011 incident as without merit; and 3) Plaintiff’s claims against Defendant Davey

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regarding the March 1, 2013 incident as without merit;

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3. The motion for summary judgment on behalf of Defendants Barton, etc. (ECF No. 236)
is DENIED in all other respects;

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4. The motion for summary judgment on behalf of Defendant Weeks (ECF No. 240) is
DENIED;
5. Plaintiff’s second motion for extension of time to file objections (ECF No. 328) is

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DENIED.

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Date: March 27, 2023

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Troy L. Nunley
United States District Judge

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