Womack v. Windsor, et al

Filing 88

ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/2018 GRANTING plaintiff's 87 request to withdraw his motion for reconsideration. Plaintiff's motion or reconsideration, docketed as objections, is WITHDRAWN. Plaintiff's [ 86] motion is PARTIALLY GRANTED. Within 7 days, defendants shall file a status report concerning plaintiff's legal property, as set forth in this order. Plaintiff shall file objections the 2/9/2018 findings and recommendations within 14 days from the date he receives his legal property at Pelican Bay State Prison. Defendants' reply shall be filed 7 days thereafter. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY JEROME WOMACK,

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No. 2:15-cv-0533 MCE KJN P

Plaintiff,
v.

ORDER

J. WINDSOR, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se. On March 7, 2018, plaintiff filed a request

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to withdraw his prior motion for reconsideration, as well as a motion for order to require prison

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officials to return his legal property. Plaintiff states that he received the findings and

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recommendations on February 26, 2018, and the next day he mailed his motion for

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reconsideration which was prepared from memory because when he transferred from California

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State Prison, Sacramento, to Pelican Bay State Prison, “his property was lost or being withheld by

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correctional staff.” (ECF No. 87 at 2.) Plaintiff seeks an order requiring prison officials to return

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his legal property, and once he receives his legal property, he will be able to file proper objections

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within ten days.

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Good cause appearing, plaintiff’s request to withdraw his motion for reconsideration is

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granted. Plaintiff cannot file proper objections unless he has possession of his legal property.

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Thus, plaintiff’s request for order for return of his property is partially granted. Within seven
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days from the date of this order, defendants shall file a report as to the status of plaintiff’s legal

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property, including whether or not plaintiff currently has possession thereof. Plaintiff is granted

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an extension of time in which to file objections to the findings and recommendations. Plaintiff

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shall file his objections within fourteen days from the date he receives his legal property.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request to withdraw his motion for reconsideration (ECF No. 87) is granted;

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2. Plaintiff’s motion for reconsideration, docketed as objections (ECF No. 85), is

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withdrawn;
3. Plaintiff’s motion (ECF No. 86) is partially granted;
4. Within seven days from the date of this order, defendants shall file a status report
concerning plaintiff’s legal property, as set forth above; and
5. Plaintiff shall file objections to the February 9, 2018 findings and recommendations

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within fourteen days from the date he receives his legal property at Pelican Bay State Prison.

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Defendants’ reply shall be filed seven days thereafter.

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Dated: March 13, 2018

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/woma0533.wd.eot

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