Torres v. Saba et al

Filing 65

ORDER denying 64 Motion for Extension of Time to File. (Illston, Susan) (Filed on 11/16/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARIO TORRES, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-06607-SI ORDER v. Re: Dkt. Nos. 63, 64 MIKE HANSEN, et al., Defendants. 12 13 Plaintiff’s request for an extension of the deadline to file a reply in support of his discovery 14 motion is DENIED as untimely. Docket No. 64. The court has already ruled on the discovery 15 motion; the court’s ruling on the discovery motion was made more than three weeks after defendants 16 filed their opposition brief and several days before plaintiff filed his request for an extension of the 17 deadline to file a reply. 18 Plaintiff’s request for a stay and abeyance is DENIED. Docket No. 63. As stated in the 19 order filed November 7, 2018, the court will entertain a joint request for a stay, see Docket No. 59 20 at 6, which plaintiff’s request is not. 21 Plaintiff has written to the court several times about difficulties obtaining his legal materials. 22 If plaintiff wants to complain about prison officials’ confiscation of his legal materials, he may file 23 a new civil rights action to do so. The defendants in the present action do not have custody of him 24 or determine what materials he may possess in prison. 25 26 27 28 IT IS SO ORDERED. Dated: November 16, 2018 ______________________________________ SUSAN ILLSTON United States District Judge

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