Uribe v. Shinnette et al

Filing 60

ORDER signed by Magistrate Judge Deborah Barnes on 8/21/2019 ORDERING Plaintiff to file any objections to 49 Findings and Recommendations by 9/9/2019. (Henshaw, R)

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

v.

ORDER

E. SHINNETTE, et al.,
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.)

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Because plaintiff was transferred at least twice and did not have access to his legal

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materials, this court granted plaintiff an extension of time to file any objections to the May 22

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findings and recommendations. (See ECF No. 57.) This court also ordered defendants’ counsel

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to attempt to determine the whereabouts of plaintiff’s legal materials. (Id. at 2.) In a declaration

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filed August 13, defendants’ counsel informed the court that he had confirmed that plaintiff was

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provided with his legal materials on August 9. (ECF No. 59.) Accordingly, this court will set a

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deadline for plaintiff to file any objections to the May 22 findings and recommendations.
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For the foregoing reasons, IT IS HEREBY ORDERED that by September 9, 2019,

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plaintiff shall file any objections to court’s findings and recommendations filed on May 22, 2019.

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Dated: August 21, 2019

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DLB:9
DB/prisoner-civil rights/urib0689.obj due date

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