Diaz v. Hurley et al
Filing
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ORDER signed by District Judge Garland E. Burrell, Jr on 12/8/17 ORDERING that: the 11/21/17 order (ECF No. 36 ) is VACATED; Plaintiff's motion for an extension of time (ECF No. 37 ) is GRANTED; and Plaintiff is granted thirty days from the date of this order in which to file objections to the findings and recommendations. (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MIGUEL ENRIQUE DIAZ,
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Plaintiff,
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No. 2:15-cv-2083 GEB KJN P
v.
ORDER
ASSOCIATE WARDEN HURLEY, et al.,
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Defendants.
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On November 21, 2017, the undersigned adopted the findings and recommendations (ECF
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No. 35), noting plaintiff failed to file objections. However, on November 21, 2017, plaintiff’s
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first motion for extension of time to file objections to the findings and recommendations was
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entered on the court’s docket. (ECF No. 36.) Plaintiff’s motion was received by the court on
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November 20, 2017, and signed by plaintiff on November 15, 2017. Under the mailbox rule,
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plaintiff’s motion for extension of time was timely filed. Houston v. Lack, 487 U.S. 266, 275-76
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(1988) (pro se prisoner filing is dated from the date prisoner delivers it to prison authorities).
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. The November 21, 2017 order (ECF No. 36) is vacated;
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1. Plaintiff’s motion for an extension of time (ECF No. 37) is granted; and
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2. Plaintiff is granted thirty days from the date of this order in which to file objections to
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the findings and recommendations.
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Dated: December 8, 2017
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