-DLB (PC) Rhodes v. Robinson, et al, No. 1:2002cv05018 - Document 257 (E.D. Cal. 2012)

Court Description: ORDER Directing Clerk of the Court to Re-Issue December 19, 2011, Findings and Recommendations signed by Magistrate Judge Dennis L. Beck on 02/09/2012. Objections to F&R due by 3/5/2012; Response to Defendants' January 17, 2012 Objections due by 3/19/2012. (Flores, E)

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-DLB (PC) Rhodes v. Robinson, et al Doc. 257 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 KAVIN M. RHODES, 9 10 11 12 CASE NO. 1:02-CV-05018-LJO-DLB PC Plaintiff, ORDER DIRECTING CLERK OF THE COURT TO RE-ISSUE DECEMBER 19, 2011 FINDINGS AND RECOMMENDATIONS v. M. ROBINSON, et al., PLAINTIFF’S OBJECTIONS DUE WITHIN TWENTY-ONE DAYS Defendants. 13 / 14 15 Plaintiff Kavin M. Rhodes (“Plaintiff”) is a prisoner in the custody of the California 16 Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 9, 2011, Plaintiff filed 18 his third amended complaint, a supplemental complaint pursuant to Rule 15(d) of the Federal 19 Rules of Civil Procedure. On June 24, 2011, Defendants Blevins, Huebner, Lopez, Malone, 20 Nelson, Pazo, Robertson, Robinson, and Tidwell filed a motion to dismiss. On December 19, 21 2011, the Court issued a Findings and Recommendations, screening the supplemental complaint 22 and recommending Defendants’ motion be granted in part. Doc. 254. On January 17, 2012, 23 Defendants filed their objections. On January 27, 2012, Plaintiff filed his objections. 24 In his objections, Plaintiff contends that he has not received a copy of the December 19, 25 2011 Findings and Recommendations, and thus is unable to file a meaningful objection. In the 26 interest of justice, the Court will direct the Clerk of the Court to re-serve the December 19, 2011 27 Findings and Recommendations on Plaintiff. The parties will be provided an opportunity to file 28 responses to the other parties’ objections. 1 Dockets.Justia.com 1 Accordingly, it is HEREBY ORDERED that: 2 1. 3 4 2011 Findings and Recommendations, concurrently with this order; 2. 5 6 3. 11 Defendants are provided fourteen (14) days from the date of service of Plaintiff’s objections, if any, in which to file a response; and 4. 9 10 Plaintiff is provided twenty-one (21) days from the date of service of this order in which to file objections; 7 8 The Clerk of the Court is directed to re-serve Plaintiff with the December 19, Plaintiff is provided thirty-five (35) days from the date of service of this order in which to file a response to Defendants’ January 17, 2012 objections. IT IS SO ORDERED. Dated: 3b142a February 9, 2012 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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