Bivins v. Ju et al

Filing 91

ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/2020 ORDERING Counsel for Defendants to file a response as set forth in this order within 14 days from the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH BIVINS,

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No. 2:16-cv-0389 MCE KJN P
Plaintiff,

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v.

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DR. JEU, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action seeking relief

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under 42 U.S.C. § 1983. On April 14, 2020, the undersigned recommended that defendant’s

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motion for summary judgment be granted, and this action be terminated. On August 31, 2020,

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plaintiff filed a document entitled “Objections to Findings and Recommendations.” (ECF No.

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90.) However, in his filing, plaintiff does not address the pending findings and recommendations;

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rather, he seeks reconsideration of the court’s order denying plaintiff the appointment of counsel

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based primarily on the restrictions put in place due to the Covid-19 pandemic, but also claims he

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has “no access to any legal material whatsoever and no legal delivery system in place.” (ECF No.

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90 at 1.)

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Within fourteen days from the date of this order, counsel for defendant shall address

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whether plaintiff has access to his legal materials, and the prison law library or the legal paging

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system in order to prepare his objections to the findings and recommendations.
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Accordingly, IT IS HEREBY ORDERED that within fourteen days from the date of this

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order, counsel for defendant shall file a response as set forth above.

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Dated: October 29, 2020

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