Bobadilla v. Knight

Filing 41

ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/2019 GRANTING 40 Motion and ORDERING counsel for Defendant to file a status report, as detailed in this order, within 14 days from the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY BOBADILLA,

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Plaintiff,

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v.

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No. 2:18-cv-1778 JAM KJN P

GARY KNIGHT,

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ORDER

Defendant.

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Plaintiff is a state prisoner, proceeding without counsel. On July 12, 2019, defendant filed

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a motion for summary judgment. On August 20, 2019, plaintiff was ordered to file an opposition

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to the motion within sixty days. On September 13, 2019, plaintiff filed a motion for access to his

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property because he was transferred on August 2, 2019, and still has not received his property

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from Salinas Valley State Prison. (ECF No. 40.) His motion was signed on September 10, 2019.
Plaintiff apparently cannot oppose the pending motion without access to his property.

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Therefore, counsel for defendant is directed to inform the court, within fourteen days, whether

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plaintiff has been provided his property. If plaintiff has not been provided his property, counsel

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shall advise what steps have been taken to obtain plaintiff’s property from Salinas Valley State

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Prison.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion (ECF No. 40) is granted; and

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2. Within fourteen days from the date of this order, counsel for defendant shall file a

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status report as set forth above.

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Dated: September 20, 2019

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/boba1778.prop

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