Melgar v. Schmidt

Filing 34

ORDER signed by Magistrate Judge Kendall J. Newman on 2/15/17 ORDERING that plaintiffs motion requesting that the court order prison officials to return his legal property (ECF No. 32 ) is DENIED without prejudice; plaintiff's motion for an extension of time to file an opposition to defendants summary judgment motion (ECF No. 32 ) is GRANTED; plaintiff is granted 30 days from the date of this order to file his opposition.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS MELGAR,

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No. 2: 15-cv-2256 JAM KJN P

Plaintiff,
v.

ORDER

L. SCHMIDT, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s January 19, 2017 motion for an

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extension of time to file an opposition to defendant’s summary judgment motion. (ECF No. 32.)

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In the pending motion, plaintiff alleges that he was recently transferred from High Desert

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State Prison (“HDSP”) to the Sierra Conservation Center (“SCC”). Plaintiff alleges that after his

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transfer, HDSP officials lost his legal property. Plaintiff requests that the court order prison

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officials to locate and return his legal property.

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When inmates are transferred to a different prison, there is often a delay in their receipt of

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their legal property. For this reason, it is likely that plaintiff now has access to his legal property.

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Accordingly, plaintiff’s request that the court order prison officials to return his legal property is

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denied without prejudice. If plaintiff is still without access to his legal property, he may refile his

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motion requesting court assistance in obtaining access to his legal property. A refiled motion
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must describe plaintiff’s attempts to obtain access to the missing legal property.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion requesting that the court

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order prison officials to return his legal property (ECF No. 32) is denied without prejudice;

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plaintiff’s motion for an extension of time to file an opposition to defendants’ summary judgment

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motion (ECF No. 32) is granted; plaintiff is granted thirty days from the date of this order to file

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his opposition.

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Dated: February 15, 2017

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Mel2256.eot
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