(PC) Callender v. Schellenberg et al, No. 1:2018cv01235 - Document 13 (E.D. Cal. 2019)
Court Description: ORDER IN RESPONSE TO REQUEST FOR CLARIFICATION AND ORDER GRANTING PLAINTIFF AN EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS. IT IS HEREBY ORDERED that: Plaintiff's request for clarification, filed on November 18, 2019, is GRANTED and RESOLVED by this order. Plaintiff is GRANTED an extension of time in which to file objections to the findings and recommendations entered on October 29, 2019. Plaintiff's objections to the findings and recommendations are now due within twenty days of the date of service of this order. Signed by Magistrate Judge Gary S. Austin on 11/22/2019. (Apodaca, P)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VINCENT ANTHONY CALLENDER, 12 13 14 15 Plaintiff, vs. SCHELLENBERG, et al., Defendants. 16 1:18-cv-01235-DAD-GSA-PC ORDER IN RESPONSE TO REQUEST FOR CLARIFICATION (ECF No. 12.) ORDER GRANTING PLAINTIFF AN EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS TWENTY-DAY DEADLINE TO FILE OBJECTIONS 17 18 19 Plaintiff, Vincent Anthony Callender, is a state prisoner proceeding pro se and in forma 20 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On September 12, 2018, 21 Plaintiff filed the Complaint commencing this action. (ECF No. 1.) 22 On November 18, 2019, Plaintiff filed a request for the court to clarify which of his two 23 cases titled Callender v. Schellenberg is active. This case, 1:18-cv-01235-DAD-GSA-PC, is 24 pending and active. However, Plaintiff’s other case, titled Callender v. Schellenberg, 1:19-cv- 25 00185-DAD-BAM-PC, was dismissed on September 10, 2019. (ECF No. 12 in case 1:19-cv- 26 00185-DAD-BAM-PC.) 27 Plaintiff is advised that findings and recommendations are pending in this case. On 28 October 29, 2019, the court entered findings and recommendations in this case recommending 1 1 that this case be dismissed, with prejudice, for failure to state a claim, failure to obey a court 2 order, and failure to prosecute. (ECF No. 11.) Plaintiff was granted fourteen days from the date 3 of service of the findings and recommendations in which to file objections. (Id.) Plaintiff has 4 not filed objections. 5 recommendations are pending, the court shall grant Plaintiff an extension of time in which to file 6 objections to the findings and recommendations. Plaintiff’s objections shall now be due within 7 twenty days of the date of service of this order. As it appears that Plaintiff is unsure that these findings and 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. 10 11 and RESOLVED by this order; 2. 12 13 Plaintiff’s request for clarification, filed on November 18, 2019, is GRANTED Plaintiff is GRANTED an extension of time in which to file objections to the findings and recommendations entered on October 29, 2019; 3. 14 Plaintiff’s objections to the findings and recommendations are now due within twenty days of the date of service of this order. 15 16 17 18 IT IS SO ORDERED. Dated: November 22, 2019 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2
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