Hash v. Rallos et al

Filing 159

ORDER signed by Magistrate Judge Allison Claire on 12/05/2023 GRANTING 155 Motion for Extension of Time and DEEMING TIMELY 156 Motion to Compel. (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE GEORGE HASH,

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No. 2:17-cv-1721 TLN AC P

Plaintiff,
v.

ORDER

T. RALLOS, et al.,
Defendants.

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Plaintiff filed a timely motion for a fourteen-day extension of time to file the fourth and

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final volume of his motion to compel. ECF No. 155. He also belatedly seeks leave to exceed the

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page limit for his motion to compel. Id. Defendants oppose the motion for an extension of time,

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but not the request to exceed the page limit. ECF No. 157.

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The deadline for filing motions to compel was November 17, 2023, and under the prisoner

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mailbox rule, see Houston v. Lack, 487 U.S. 266, 276 (1988), the fourth volume of plaintiff’s

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motion was filed November 26, 2023. Defendants argue that the motion for an extension of time

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should be denied and the fourth portion of the motion to compel denied as untimely on the ground

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that the excessive length of plaintiff’s motion, which necessitated the extension of time, resulted

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from numerous factors within plaintiff’s control. ECF No. 157. While defendants’ position is

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understandable, plaintiff is a prisoner proceeding pro se. Given the numerous defendants and

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discovery requests at issue, as well as plaintiff’s clear attempts at abbreviating the motion from

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what was initially anticipated, the motion for an extension of time will be granted and the final

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volume of plaintiff’s motion to compel will be deemed timely.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time and to exceed the page limit for his motion

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to compel (ECF No. 155) is GRANTED; and

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2. The fourth and final volume of plaintiff’s motion to compel (ECF No. 156) is deemed

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timely.

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DATED: December 5, 2023

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