Mitchell v. Duffy

Filing 32

ORDER re 31 Letter filed by Paul Mitchell. Signed by Judge ARMSTRONG on 2/15/12. (lrc, COURT STAFF) (Filed on 2/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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Petitioner,
v.
ANTHONY HEDGEPETH, Warden,

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Respondent.

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

Petitioner has filed a third request for an extension of time in which to file his opposition to
Respondent's Motion to Dismiss. Petitioner also alleges that he has not yet been granted access to
the prison law library.

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No. C 11-02705 SBA (PR)

PAUL MITCHELL,

On November 18, 2011, the Court granted Petitioner's first request for an extension of time
to file his opposition. The Court directed Petitioner to file his opposition no later than January 12,
2012.
On January 23, 2012, the Court granted Petitioner a second extension of time because he
claimed that lockdowns at the prison prevented his access to the law library. The Court directed
Petitioner to file his opposition no later than February 23, 2012.
Petitioner had also filed a document entitled, "Order to Show Cause for an [sic] Preliminary
Injuction," in which he requested sufficient access to the prison law library and complained of
"limitations that are too restrictive and constitute a denial of [his] rights to access [to] the courts."
(Pl.'s Dec. 27, 2011 Mot. at 1.) In its January 23, 2012 Order, the Court construed this document as

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a motion for an order directing the California Department of Corrections and Rehabilitation to allow

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him physical access to the Salinas Valley State Prison (SVSP) law library. The Court directed

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Respondent to respond to Petitioner's motion for an order allowing him access to the SVSP law

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library.

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On February 6, 2012, Respondent filed his response. However, in that response, Respondent

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was not able to present confirmation that Petitioner had been granted law library access. No later

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than ten (10) days from the date of this Order, Respondent is directed to file a further response to

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Petitioner's motion for an order allowing him access to the SVSP law library -- specifically,

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informing the Court whether Petitioner has since been granted law library access.

United States District Court
For the Northern District of California

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Before the Court is Petitioner's third request for an extension of time to file his opposition.
He again complains that lockdowns at the prison have prevented his access to the law library.
Having read and considered Petitioner's request, and good cause appearing, IT IS HEREBY

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ORDERED that Petitioner's third request for an extension of time is GRANTED. The time in which

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Petitioner may file his opposition to Respondent's Motion to Dismiss will be extended up to and

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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.
IT IS SO ORDERED.

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DATED:

2/15/12
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\SBA\HC.11\Mitchell2705.2ndEOT&LIBaccess.frm

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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

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v.
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ANTHONY HEDGEPETH et al,
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Defendant.
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United States District Court
For the Northern District of California

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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 February 16, 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
Dated: February 16, 2012
Richard W. Wieking, Clerk
By: Lorene DeBose, Deputy Clerk

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