Martin v. Hedgpeth et al

Filing 73

ORDER by Judge Charles R. Breyer granting 69 Motion for Extension of Time to File opposition no later than 4/30/2014; denying 70 Motion for Sanctions; denying 71 Motion to Compel (Attachments: # 1 Certificate/Proof of Service) (beS, COURT STAFF) (Filed on 3/26/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GEORGE MARTIN, H-90626,
Plaintiff(s),

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v.
RANDY GROUNDS, Warden, et al.,
Defendant(s).

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No. C 12-3193 CRB (PR)
ORDER
(Docket #69, 70 & 71)

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Good cause shown, plaintiff’s motion for an extension of time to file an

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opposition to defendants’ motion to dismiss, and a reply to defendants’

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opposition to plaintiff’s motion for preliminary injunctive relief (see docket #69),

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is GRANTED. Plaintiff shall file an opposition to defendants’ motion to dismiss,

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and a reply to defendants’ opposition to plaintiff’s motion for preliminary

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injunctive relief, by no later than April 30, 2014, and defendants shall file a reply

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to plaintiff’s opposition within 14 days thereafter.

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Plaintiff’s “motion to compel performance of the provisions of the

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California Intractable Pain Treatment Act,” and other state laws (see docket #71),

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and accompanying motion for contempt/sanctions for failure to abide by these

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state laws (see docket #70), are DENIED. Cf. Demos v. U.S. District Court, 925

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F.2d 1160, 1161-62 (9th Cir. 1991) (federal district courts are without power to

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issue direct state courts, state judicial officers or other state officials in the

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performance of their duties under state law). To whatever extent plaintiff’s

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motion may be construed as also seeking preliminary injunctive relief for the

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deprivation of plaintiff’s federal rights, said request is already pending in

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plaintiff’s previously-filed motion for preliminary injunctive relief (see docket

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#51).

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SO ORDERED.

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DATED:

March 24, 2014
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.12\Martin, G.12-3193.or3.wpd

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