Moore v. Stepp et al

Filing 98

ORDER by Judge Claudia Wilken DENYING PLAINTIFFS 95 REQUEST FOR RETURN OF PROPERTY AND GRANTING REQUEST FOR EXTENSION OF TIME. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 3/10/2014)

1
2

IN THE UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4
5

MERRICK JOSE MOORE,
Plaintiff,

6
7
8

United States District Court
For the Northern District of California

ORDER DENYING
PLAINTIFF’S REQUEST
FOR RETURN OF
PROPERTY AND
GRANTING REQUEST FOR
EXTENSION OF TIME

v.
L. STEPP, et al.,
Defendants.

9
10

C 11-05395 CW (PR)

Docket No. 95
________________________________/

11
Plaintiff, a state prisoner currently incarcerated at High
12
Desert State Prison (HDSP), filed a pro se civil rights action
13
pursuant to 42 U.S.C. § 1983, alleging the violation of his
14
constitutional rights by correctional officers at Salinas Valley
15
State Prison (SVSP), where he was incarcerated previously.

On

16
September 24, 2013, Defendants filed a motion for summary
17
judgment.

Plaintiff then filed various discovery motions and

18
motions for extensions of time.

Plaintiff’s opposition was due on

19
March 11, 2014.

On February 3, 2014, Plaintiff filed the instant

20
document entitled, “Request for a Court Order to Receive His Legal
21
Property.”

Doc. no. 95.

In this document, Plaintiff indicates

22
that he cannot file his opposition on time because officials at
23
HDSP, where he was recently transferred, have refused to release
24
his legal property to him.

Plaintiff requests that the Court

25
issue an order for the release of his property or, in the
26
alternative, grant him an extension of time to file his
27
opposition.
28

1

Because the Court lacks jurisdiction over officials at HDSP,

2

it grants Plaintiff’s alternate request for an extension of time

3

to file his opposition.

4

April 11, 2014.

5

thereafter.

Plaintiff’s opposition is now due on

Defendants’ reply is due fourteen days

6

CONCLUSION

7

Based on the foregoing, the Court orders as follows:

8

1. Plaintiff’s request for return of property is denied and

9

United States District Court
For the Northern District of California

10
11

his request for an extension of time to file his opposition is
granted.

(Doc. no. 95).

2. Plaintiff’s opposition to the motion for summary judgment

12

is due on April 11, 2014.

13

thereafter.

14

Defendants’ reply is due two weeks

3. The Clerk of the Court shall mail this Order to the

15

Litigation Coordinator at HDSP who is requested to ensure that

16

Plaintiff receives his legal materials in order to respond to

17

Defendants’ motion for summary judgment.

18

4. This Order terminates docket number 95.

19

IT IS SO ORDERED.

20
21
22
23

Dated: 3/10/2014
CLAUDIA WILKEN
United States District Judge

24
25
26
27
28
2