Edwards v. CDCR et al

Filing 45

ORDER granting plaintiff's application for extension of time to file Objections to Report and Recommendation 43 . Edwards must file any objections he has to the R&R no later than April 8, 2016. Signed by Judge Larry Alan Burns on 3/10/16. (All non-registered users served via U.S. Mail Service)(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SAMUEL EDWARDS,

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CASE NO. 15cv174-LAB (JMA)
Plaintiff,

ORDER GRANTING APPLICATION
FOR EXTENSION OF TIME TO FILE
OBJECTIONS TO REPORT AND
RECOMMENDATION

vs.
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CDCR, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brought this action, which was referred to

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Magistrate Judge Jan Adler for report and recommendation. On February 23, 2016, Judge

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Adler issued his report and recommendation (the “R&R”), which permitted the parties to file

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objections by March 11. Plaintiff has now filed an ex parte application asking for an more

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time to prepare and file his objections. He says he needs more time to prepare a thorough

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reply to the R&R, but does not explain further. Ordinarily this would fail to show good cause

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for the extension. But in the interests of deciding this case on the merits rather than by

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default, see Eitel v. Mccool, 782 F.2d 1470, 1471–72 (9th Cir. 1986), the Court GRANTS the

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request. Edwards must file any objections he has to the R&R no later than April 8, 2016.

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If he requires additional time, he must file an ex parte application asking for more

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time, and explaining why he needs it. The fact that he is a prisoner and is not represented

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by an attorney, without more, will not be an adequate explanation because those facts have

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15cv174

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already been taken into account when setting the deadline for objections. Any application

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asking for more time must show that he worked diligently and used his time well.

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IT IS SO ORDERED.
DATED: March 10, 2016

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HONORABLE LARRY ALAN BURNS
United States District Judge

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15cv174