Williams v. Jackson

Filing 45

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/12/2017 GRANTING 44 Request to the extent that plaintiff shall have another thirty days within which to file objections 40 and 41 Findings and Recommendations. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BOBBY JAMES WILLIAMS,

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No. 2:16-cv-2567-MCE-EFB P

Plaintiff,
v.

ORDER

AJANI JACKSON,
Defendant.

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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. In his October 2, 2017 filing, he states that as of September 6, 2017, he has been

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transferred to and from various prisons. He claims that his personal property, including legal

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documents, is “missing” and that he “cannot defend” himself in this lawsuit without his property.

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ECF No. 44. He requests a court order directing CDCR to locate and produce his property. He

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also requests a “90 day extension of time.” Id.

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It is not clear what deadline plaintiff wishes to extend in this action. The only deadlines –

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which have now expired – were for the parties to file objections within fourteen days to the

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court’s September 1, 2017 and September 5, 2017, findings and recommendations. See ECF No.

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40 (recommending that plaintiff’s motion for a preliminary injunction be denied) & ECF No. 41

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(recommending that defendant’s motion to dismiss be denied). In an abundance of caution, the

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court will direct the Clerk of the Court to reserve these findings and recommendations upon

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plaintiff and grant him a thirty day extension of time to file any objections.
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Should any delay in the return of plaintiff’s legal property interfere with his ability to meet

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a court-imposed deadline in the future, plaintiff may request that the court grant him an extension

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of time, explaining why he has been unable to meet the deadline in the time provided. If plaintiff

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seeks additional time on the grounds he did not have adequate access to his legal property, he

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must indicate why he is unable to meet the deadline without that property, what specific requests

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he has made for access to that property, and how prison officials have responded to those

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requests.

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To the extent plaintiff seeks the return of his personal property, such claims cannot be
adjudicated in this action, where they cannot be properly exhausted through the administrative

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appeals process. See McKinney v. Carey, 311 F.3d 1198, 1199-1201 (9th Cir. 2002) (per curiam)

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and Rhodes v. Robinson, 621 F.3d 1002, 1004-07 (9th Cir. 2010) (together holding that claims

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must be exhausted prior to the filing of the original or supplemental complaint); Jones v. Felker,

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No. CIV S-08-0096 KJM EFB P, 2011 U.S. Dist. LEXIS 13730, at *11-15 (E.D. Cal. Feb. 11,

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2011); Fed. R. Civ. P. 20(a)(2) (multiple defendants may be joined in an action only where the

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suit regards “the same transaction, occurrence, or series of transactions or occurrences” or “any

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question of law or fact common to all defendants”).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 2, 2017 request (ECF

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No. 44) is granted to the extent that plaintiff shall have another thirty days within which to file

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objections to the court’s September 1, 2017 and September 5, 2017 findings and

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recommendations. In addition, the Clerk of the Court is directed to serve upon plaintiff a copy of

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each findings and recommendations (ECF Nos. 40 & 41).

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DATED: October 12, 2017.

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