(PC) Dillingham v. Garcia et al, No. 1:2019cv00461 - Document 86 (E.D. Cal. 2022)

Court Description: ORDER withdrawing FINDINGS and RECOMMENDATIONS issued April 29, 2022 84 . Thirty Day Deadline to file Opposition or Statement of Non-opposition to Defendant's Motion for Summary Judgment signed by Magistrate Judge Gary S. Austin on 5/19/2022. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY DILLINGHAM, 12 13 14 15 16 17 Plaintiff, vs. J. GARCIA, ET al., Defendants. 1:19-00461-AWI-GSA-PC ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS ISSUED ON APRIL 29, 2022 (ECF No. 84.) THIRTY DAY DEADLINE TO FILE OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 18 19 20 Jerry Dillingham (“Plaintiff”) is a former prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. 21 On April 29, 2022, the court issued findings and recommendations to dismiss this case 22 for Plaintiff’s failure to comply with the court’s order requiring him to file an opposition, or 23 statement of non-opposition, to defendant Garcia’s motion for summary judgment based on 24 Plaintiff’s failure to exhaust administrative remedies before filing suit. (ECF No. 84.) On May 25 16, 2022, Plaintiff filed objections to the findings and recommendations. (ECF No. 85.) 26 Plaintiff alleges that he cannot read or comprehend Defendant’s motion for summary 27 judgment. He requests thirty days in which to locate pro bono counsel to represent him and to 28 scribe a response to Defendant’s motion for summary judgment 1 1 The court finds good cause to grant Plaintiff a thirty-day extension of time to comply with 2 the court’s order. If Plaintiff needs additional time, he should file a motion before the expiration 3 of the prior deadline. 4 Therefore, good cause appearing, IT IS HEREBY ORDERED that: 5 1. 6 7 The court’s findings and recommendations, issued on April 29, 2022, are WITHDRAWN; 2. Plaintiff is GRANTED thirty days from the date of service of this order in which 8 to file an opposition or a statement of non-opposition to Defendant’s motion for 9 summary judgment; 10 3. 11 12 If Plaintiff needs additional time to comply with the court’s order, he should file a motion before the expiration of the prior deadline; and 4. 13 Plaintiff’s failure to comply with this order shall result in a recommendation that this action be dismissed in its entirety. 14 15 16 17 IT IS SO ORDERED. Dated: May 19, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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