Patrick v. Leal, et al.

Filing 29

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/28/2019 ORDERING that plaintiff has 21 days to file objections to 26 Findings and Recommendations and TERMINATING 27 Motion for Extension of Time. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS PATRICK,

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No. 2:17-cv-0857-JAM-EFB P

Plaintiff,
v.

ORDER

LEAL, et al.,
Defendants.

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

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42 U.S.C. § 1983. On December 21, 2018, defendants filed a motion to compel plaintiff to

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submit to a deposition, to pay costs for the missed deposition, and to respond to their outstanding

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discovery requests. ECF No. 21. The time for responding to the motion passed, and plaintiff

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failed to file an opposition or otherwise respond. On January 25, 2019, the court warned plaintiff

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that failure to respond to the motion could result in a recommendation that this action be

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dismissed. ECF No. 23. Despite being granted a 30-day extension of time, the time for acting

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passed and plaintiff failed to file an opposition or otherwise respond to the court’s order.

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Therefore, on February 27, 2019, the court issued findings and recommendations recommending

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that this action be dismissed. ECF No. 26.

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Now pending before the court is plaintiff’s March 15, 2019 “request for extension of
time,” stating that plaintiff was incarcerated at the Orange County Jail from January 8, 2019 to
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February 20, 2019. ECF No. 27. Plaintiff does not explain why he failed to timely notify the

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court of his change in address or to respond to defendants’ motion. In an abundance of caution,

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the court will hold the findings and recommendations in abeyance for another twenty-one days to

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allow plaintiff a final opportunity to file objections to the February 27, 2019 findings and

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recommendations. The court is not inclined to extend the time any further.

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Accordingly, IT IS HEREBY ORDERED that plaintiff has twenty-one days to file

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objections to the February 27, 2019 findings and recommendations and the Clerk of the Court

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shall terminate ECF No. 27. Should plaintiff fail to so comply, the findings and

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recommendations will be submitted to the district judge for consideration.

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DATED: March 28, 2019.

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