Diaz v. Hurley et al

Filing 39

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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