Fordley v. Lizarraga, et al.

Filing 37

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/3/2017 RECOMMENDING plaintiff's 32 , 33 motions for a continuance be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN F. FORDLEY,

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No. 2:16-cv-1387-JAM-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

LIZARRAGA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He is currently housed at Mule Creek State Prison. He claims that he is suicidal

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and is being abused and denied adequate legal supplies. He asks that this case be continued until

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he is stable and re-housed at R.J. Donovan Correctional Facility, which may not be until some

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time “next year.” ECF Nos. 32, 33.

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There are currently no deadlines to continue in this action and therefore no need for an

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order to continue any due date. Thus, it appears, that plaintiff is actually seeking a stay of the

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case rather than to extend any particular due date. That too, appears unnecessary at this time. If

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the conditions complained of interfere with plaintiff’s ability to timely comply with future court

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orders or to prosecute this action, he may request an extension of time as appropriate. It is not

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necessary at this time to stay all proceedings in this action. See Lockyer v. Mirant Corp., 398

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F.3d 1098, 1112 (9th Cir. 2005) (party seeking a stay “must make out a clear case of hardship or

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inequity” in being required to go forward).
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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for a continuance
(ECF Nos. 32, 33) be denied.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: October 3, 2017.

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