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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JOHN F. FORDLEY, 11 12 13 14 No. 2:16-cv-1387-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LIZARRAGA, et al., Defendants. 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. He is currently housed at Mule Creek State Prison. He claims that he is suicidal 18 and is being abused and denied adequate legal supplies. He asks that this case be continued until 19 he is stable and re-housed at R.J. Donovan Correctional Facility, which may not be until some 20 time “next year.” ECF Nos. 32, 33. 21 There are currently no deadlines to continue in this action and therefore no need for an 22 order to continue any due date. Thus, it appears, that plaintiff is actually seeking a stay of the 23 case rather than to extend any particular due date. That too, appears unnecessary at this time. If 24 the conditions complained of interfere with plaintiff’s ability to timely comply with future court 25 orders or to prosecute this action, he may request an extension of time as appropriate. It is not 26 necessary at this time to stay all proceedings in this action. See Lockyer v. Mirant Corp., 398 27 F.3d 1098, 1112 (9th Cir. 2005) (party seeking a stay “must make out a clear case of hardship or 28 inequity” in being required to go forward). 1 1 2 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for a continuance (ECF Nos. 32, 33) be denied. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: October 3, 2017. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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