(PC) Muhammad v. Linennger et al

Filing 80

ORDER signed by Magistrate Judge Dennis M. Cota on 06/05/2024 GRANTING 79 Motion for Extension of Time. Plaintiff is DIRECTED to file a Status Report consistent with the Court's 12/19/2023 72 Order within 30 days of the date of this Order . Defendants' Status Report is due within 30 days after the date of service of Plaintiff's Status Report. The 78 Findings and Recommendations issued on 05/08/2024 are VACATED. The Clerk is DIRECTED to forward to Plaintiff a copy of the Court's 12/19/2023 72 Order. (Lopez, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANSAR EL MUHAMMAD,

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No. 2:20-CV-0070-DAD-DMC-P

Plaintiff,

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v.

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MARTIN, et al.,

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ORDER

Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for an extension of time to file a

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status report. See ECF No. 79.
On December 19, 2023, the Court directed the parties to file reports on the status

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of this case in anticipation of setting the matter for trial. See ECF No. 72. Plaintiff’s status report

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was due within 30 days, with Defendants’ status report due within 30 days thereafter. See id. On

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January 12, 2024, the Court granted Plaintiff a 60-day extension of time to file his status report.

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See ECF No. 76. As of May 8, 2024, Plaintiff had not filed a status report and the Court issued

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findings and recommendations that this action be dismissed for lack of prosecution and failure to

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comply with court rules and orders. See ECF No. 78.

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In the currently pending motion for an extension of time, Plaintiff states that he

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was unable to file a timely status report because, between May and October 2023, he was being

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transferred to different institutions and he only received his property in April 2024. Good cause

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appearing therefor based on Plaintiff’s declaration, the Court will vacate the May 8, 2024,

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findings and recommendations and grant Plaintiff additional time to file a status report as

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previously directed.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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79, is GRANTED.
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Plaintiff shall file a status report consistent with the Court’s December 19,

2023, order within 30 days of the date of this order.
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Defendants’ status report is due within 30 days after the date of service of

Plaintiff’s status report.

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4.

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are VACATED.

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5.

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Plaintiff’s motion for an extension of time to file a status report, ECF No.

The findings and recommendations issued on May 8, 2024, ECF No. 78,

The Clerk of the Court is directed to forward to Plaintiff a copy of the

Court’s December 19, 2023, order, ECF No. 72.

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Dated: June 5, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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