Mitchell v. Duffy

Filing 29

ORDER re 26 MOTION for Order to Show Cause filed by Paul Mitchell. Signed by Judge ARMSTRONG on 1/23/12. (lrc, COURT STAFF) (Filed on 1/25/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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No. C 11-02705 SBA (PR)

PAUL MITCHELL,
Petitioner,
v.
ANTHONY HEDGEPETH, Warden,
Respondent.

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ORDER GRANTING PETITIONER'S
SECOND REQUEST FOR EXTENSION
OF TIME TO FILE HIS OPPOSITION
TO MOTION TO DISMISS; AND
DIRECTING RESPONDENT TO FILE
RESPONSE TO PETITIONER'S OTHER
PENDING MOTION

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Petitioner has filed a second request for an extension of time in which to file his opposition
to Respondent's Motion to Dismiss.

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On November 18, 2011, the Court granted Petitioner's first request for an extension of time

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to file his opposition. The Court directed Petitioner to file his opposition no later than January 12,

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2012. Petitioner now requests a second extension of time, stating that lockdowns at the prison have

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prevented his access to the law library. Having read and considered Petitioner's request, and good

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cause appearing, IT IS HEREBY ORDERED that Petitioner's request for an extension of time is

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GRANTED. The time in which Petitioner may file his opposition to Respondent's Motion to

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Dismiss will be extended up to and including thirty (30) days from the date of this Order.

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Respondent shall file a reply brief no later than fifteen (15) days after the date Petitioner's
opposition is filed.

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Petitioner has also filed a document entitled, "Order to Show Cause for an [sic] Preliminary

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Injuction" (docket no. 26), in which he requests sufficient access to the prison law library and

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complains of "limitations that are too restrictive and constitute a denial of [his] rights to access [to]

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the courts." (Pl.'s Dec. 27, 2011 Mot. at 1.) The Court construes this document as a motion for an

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order directing the California Department of Corrections and Rehabilitation (CDCR) to allow him

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physical access to the Salinas Valley State Prison (SVSP) law library. Respondent has not

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responded to Petitioner's motion. Therefore, no later than ten (10) days from the date of this Order,

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the Court directs Respondent to respond to Petitioner's motion for an order allowing him access to

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the SVSP law library.
IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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DATED: 1/23/12
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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PAUL MITCHELL,
Case Number: CV11-02705 SBA

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Plaintiff,
CERTIFICATE OF SERVICE
v.
ANTHONY HEDGEPETH et al,
Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on January 25, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
in the Clerk's office.

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Paul Mitchell G-21965
Salinas Valley State Prison
31625 Highway 101
P.O. Box 1050
Soledad, CA 93960-1050

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Dated: January 25, 2012

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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