Miner v. Smiley et al

Filing 46

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/01/2020 DENYING 41 Motion for Court Order without prejudice. The court's 5/11/2020 order (ECF No. 40) granted plaintiff a 90-day extension of time to file objections and in light of that extension it appears that the order plaintiff now seeks is unnecessary. As a one-time courtesy, the Clerk of the Court is DIRECTED to re-serve plaintiff a copy of the 2/12/2020 Findings and Recommendations (ECF No. 36). (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY MINER,

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Plaintiff,

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No. 2:17-cv-1896-MCE-EFB P

v.

ORDER

W. DAVID SMILEY, et al.,

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Defendants.

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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. He requests an order directing the California Department of Corrections and

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Rehabilitation to retrieve his property from another prison so that he can file objections to the

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February 12, 2020 findings and recommendation that defendants’ motion for summary judgment

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be granted. ECF No. 41. The request is DENIED without prejudice. The court’s May 11, 2020

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order (ECF No. 40) granted plaintiff a 90-day extension of time to file objections and in light of

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that extension it appears that the order plaintiff now seeks is unnecessary.
The court reminds plaintiff that the objection period is not the time to advance new

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arguments or evidence, as plaintiff had the chance to do so through his opposition brief. As a

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one-time courtesy, the Clerk of the Court is directed to re-serve plaintiff a copy of the February

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12, 2020 findings and recommendations (ECF No. 36).

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So ordered.
DATED: July 1, 2020.

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