(PC) Gregory E. Shehee (Civil Detainee) v. Redding, et al, No. 1:2014cv00706 - Document 133 (E.D. Cal. 2018)

Court Description: ORDER VACATING 131 FINDINGS AND RECOMMENDATIONS Issued November 27, 2018, and Granting Plaintiff Thirty Days to File an Opposition to Defendants' Pending Motion signed by Magistrate Judge Stanley A. Boone on 12/27/2018. Thirty Day Deadline. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, 13 v. 14 REDDING, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00706-DAD-SAB (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS ISSUED NOVEMBER 27, 2018, AND GRANTING PLAINTIFF THIRTY DAYS TO FILE AN OPPOSITION TO DEFENDANTS’ PENDING MOTION [ECF Nos. 131, 132] At the time this action was filed, Plaintiff Gregory Ell Shehee was a civil detainee proceeding 18 pro se in a civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 27, 2018, Defendants filed a motion for an order declaring Plaintiff a vexatious 21 litigant. (Doc. No. 126.) Plaintiff did not file an opposition or statement of non-opposition. Local 22 Rule 230. Accordingly, on October 31, 2018, the Court directed Plaintiff to file an opposition or 23 statement of non-opposition within twenty-one (21) days. (Doc. No. 128.) The Court’s order 24 specifically advised Plaintiff that his failure to file an opposition or statement of non-opposition will 25 result in a recommendation to dismiss the action for failure to prosecute and failure to obey a court 26 order. (Id.) 27 28 On November 7, 2018, the Court’s October 31, 2018, was returned by the United States Postal Office with a notation that is could not be delivered as addressed. 1 On November 8, 2018, Plaintiff filed a notice of change of address. (ECF No. 129.)_ On this 1 2 same date, the Court re-served the October 31, 2018, order at Plaintiff’s new address of record. On 3 November 9, 2018, Plaintiff filed another change of address, but the address remained the same and 4 re-service was not necessary. (ECF No. 130.) The twenty-one day deadline passed without Plaintiff 5 either filing an opposition or statement of non-opposition. Accordingly, on November 27, 2018, the 6 undersigned issued Findings and Recommendations recommending the action be dismissed. (ECF No. 7 131.) Plaintiff was granted fourteen days to file objections. (Id.) 8 On December 26, 2018, Plaintiff filed objections. (ECF No. 132.) In his objections, Plaintiff 9 submits that he has been unable to respond to the Court’s order due to medical circumstances and he 10 wishes to continue to prosecute this action. (Id.) Based on Plaintiff’s representations, the Court will 11 vacate the Findings and Recommendations issued November 27, 2018, and grant Plaintiff thirty days 12 to file an opposition to Defendants’ pending motion to declare him a vexatious litigant filed on 13 September 27, 2018. Plaintiff is advised to focus his actions on filing an opposition to Defendants’ 14 motion in order to ensure the efficient resolution of this case. 15 Based on the foregoing, it is HEREBY ORDERED that: 16 1. The Finding and Recommendations issued on November 27, 2018, are VACATED; 17 2. Plaintiff is granted thirty days to file an opposition to Defendants’ motion to declare Plaintiff a vexatious litigant; and 18 3. 19 Plaintiff is advised the failure to comply with this order will result in a recommendation to dismiss this action. 20 21 22 IT IS SO ORDERED. 23 Dated: 24 December 27, 2018 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2