(PC) Bailey v. Wedell, et al, No. 2:2004cv02067 - Document 117 (E.D. Cal. 2010)

Court Description: ORDER granting in part 116 Plaintiff's Request for Extension of time to file Objections to Findings and Recommendations. Plaintiff is granted 14 days in which to file his objections. Signed by Magistrate Judge Edmund F. Brennan on 9/15/10. (Hinkle, T)
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(PC) Bailey v. Wedell, et al Doc. 117 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 WILLIE BAILEY, III, Plaintiff, 11 12 vs. 13 No. CIV S-04-2067 GEB EFB P J. WEDELL et al., Defendants. 14 ORDER / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 16 17 42 U.S.C. § 1983. On August 30, 2010, the court recommended that defendants’ September 14, 18 2009 motion for summary judgment be granted. The court gave the parties fourteen days in 19 which to file objections to the findings and recommendations. On September 14, 2010, plaintiff 20 filed a request for a thirty day extension of time to file and serve objections, stating that he has 21 been on lockdown for the last week and needs more time to access materials to file objections. 22 See Fed. R. Civ. P. 6(b). The purpose of the objection period is not to brief the merits of 23 defendants’ motion in the first instance. Plaintiff has already had the opportunity to oppose 24 defendants’ motion and has had ample time to research the relevant legal issues. 25 //// 26 //// 1 Dockets.Justia.com 1 Accordingly, it is ORDERED that plaintiff’s September 14, 2010 request is granted to the 2 extent that plaintiff has 14 days from the date this order is served to file objections to the August 3 30, 2010 findings and recommendations. Absent good cause, the court does not intend to grant 4 further extensions of time. 5 Dated: September 15, 2010. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2