Whitely v. CDCR et al

Filing 37

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/19/18 ORDERING plaintiff is granted additional time to file a reply. He shall file his reply within 21 days of the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EVERTON WHITELY,

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Plaintiff,

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No. 2:16-cv-1534-KJM-EFB P

v.

ORDER

CDCR, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding without counsel in an action brought under 42 U.S.C.

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§ 1983, has filed a motion to compel production of documents. ECF No. 25. Defendants timely

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filed an opposition to the motion. ECF No. 29. Plaintiff did not timely file a reply brief, see

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Local Rule 230(l), but on June 4, 2018, filed what captioned as a “response to opposition”

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wherein he asks the court’s permission to file a late reply. ECF No. 32. Plaintiff states that he

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should be given leave to do so because, on March 9, 2018, he was placed into administrative

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segregation and his property – including his legal documents - was confiscated. Id. at 2.

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Plaintiff was subsequently transferred to a different institution (R.J. Donovan Correctional

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Facility) and, upon arrival, was told that the property officer was on leave. Id. at 3. The motion

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does not specify when plaintiff recovered his property, nor does it propose a date by which a

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reply would be filed.

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In light of the foregoing, plaintiff is granted additional time to file a reply. He shall file

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his reply within twenty-one (21) days of the date of this order. If he fails to do so, the matter will

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be deemed submitted and no further pleadings will be considered.

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So Ordered.
DATED: July 19, 2018.

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