-GGH (PC) Winffel v. Barnes et al, No. 2:2010cv01709 - Document 30 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 10/26/2011 ORDERING that the 27 findings and recommendations are VACATED; dfts' 26 motion to dismiss for lack of prosecution is DENIED; and pltf's 28 motion for an extension is GRANTED and pltf has 28 days to file an opposition to the motion for summary judgment. (Yin, K)

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-GGH (PC) Winffel v. Barnes et al Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERTO WINFFEL, 11 Plaintiff, 12 13 No. CIV S-10-1709 MCE GGH P vs. A. POMAZAL, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. Defendants filed a motion for summary judgment om August 22, 2011. 18 Plaintiff never filed an opposition or otherwise communicated with the court. Defendants also 19 filed a motion to dismiss for lack of prosecution on September 28, 2011. Plaintiff did not 20 communicate with the court so on October 24, 2011, findings and recommendations were issued 21 to dismiss this case. Plaintiff has now filed a request for an extension to file an opposition to the 22 motion for summary judgment. Plaintiff states that he has been moved often within his prison 23 because of medical needs problems, and that access to his legal property has therefore been 24 impeded. The undersigned views this as sufficient cause to grant plaintiff’s motion. 25 \\\\ 26 \\\\ 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The October 24, 2011, findings and recommendations (Doc. 27) are vacated; 3 2. Defendants’ motion to dismiss for lack of prosecution (Doc. 26) is denied; 4 3. Plaintiff’s motion for an extension (Doc. 28) is granted and plaintiff is granted 5 28 days from the date of service of this order to file an opposition to the motion for summary 6 judgment. The court will not look favorably on any more requests for an extension from 7 plaintiff. 8 DATED: October 26, 2011 9 10 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH: AB winf1709.ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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