Uribe v. Shinnette et al

Filing 55

ORDER signed by Magistrate Judge Deborah Barnes on 07/11/19 DENYING 54 Motion for an extension of time and for a settlement conference. The clerk of the court is directed to change plaintiff's address to Kern Valley State Prison, PO Box 5104, Delano, CA 93216. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOEL URIBE,

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Plaintiff,

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No. 2:18-cv-0689 JAM DB P

v.

ORDER

E. SHINNETTE, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. Plaintiff alleges defendants violated his Eighth Amendment rights by using

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excessive force and by failing to intervene. On May 22, 2019, this court recommended

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defendants’ motion for summary judgment be granted based on plaintiff’s failure to exhaust his

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claims. (ECF No. 49.) On May 31, plaintiff moved for an extension of time to file objections to

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this recommendation based on his lack of access to his legal materials. (ECF No. 50.) In an

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order filed June 5, the court granted plaintiff’s request and gave him 60 days to file his objections.

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(ECF No. 52.) To be timely, plaintiff must place his objections in the prison mail by August 5,

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2019.

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In a document dated June 18, but not filed here until July 8, plaintiff notified the court of

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his change of address to the California Correctional Institution. (ECF No. 53.) In a document

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dated June 30, and also filed here on July 8, plaintiff again informs the court of a change of
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address, this time to Kern Valley State Prison. (ECF No. 54.) In addition, plaintiff states that he

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does not have his legal materials and seeks an extension of time to file objections until he after he

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has obtained them.

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As noted above, plaintiff’s objections to the findings and recommendations are not due to

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be placed in the prison mail until August 5. If plaintiff does not obtain his legal materials in

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sufficient time to meet that deadline, he should notify the court and another extension of time will

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be granted. In addition, if plaintiff is experiencing trouble getting access to his legal materials, he

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may seek assistance from the court.

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In his recent filing, plaintiff also requests a settlement conference. The court previously

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found plaintiff failed to exhaust his administrative remedies and recommended this case be

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dismissed on that basis. Therefore, a settlement conference is not appropriate at this time.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. The Clerk of the Court is directed to change plaintiff’s address to Kern Valley State

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Prison, P.O. Box 5104, Delano, CA 93216.
2. Plaintiff’s request for an extension of time (ECF No. 54) is denied without prejudice to
its renewal at a later date.
3. Plaintiff’s request for a settlement conference (ECF No. 54) is denied.
Dated: July 11, 2019

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DLB:9
DB/prisoner-civil rights/urib0689.fr obj eot

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