-EFB (PC) Herrera v. Gardner et al, No. 2:2010cv01744 - Document 98 (E.D. Cal. 2012)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 03/16/12 granting 97 Motion for Extension of time. Plaintiff shall file and serve his objections to the 02/22/12 findings and recommendations within 30 days from the date this order is filed.(Plummer, M)

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-EFB (PC) Herrera v. Gardner et al Doc. 98 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO HERRERA, Plaintiff, 11 12 vs. 13 No. CIV S-10-1744 GEB EFB P GARDNER, et al., 14 15 Defendants. ORDER / 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On March 12, 2012, plaintiff requested an extension of time to file and serve 18 objections to the February 22, 2012 findings and recommendations, which recommend that 19 defendants’ motion to dismiss be granted. See Fed. R. Civ. P. 6(b). 20 In his request for an extension of time, plaintiff states that he has a mental handicap and 21 that he is “slow in the head.” Dckt. No. 97. On March 5, 2012, plaintiff, through the assistance 22 of another inmate, filed a request for appointment of counsel on the grounds that plaintiff has a 23 mental illness and a learning disability and that he has not received adequate law library time to 24 work on this case. Dckt. No. 95. The court denied that motion on March 12, 2012. Dckt. No. 25 96. However, it appears from plaintiff’s filings that he needs additional time to prepare his 26 objections because of his claimed mental state and limited law library access. Good cause 1 Dockets.Justia.com 1 appearing, plaintiff’s request for an extension of time (Dckt. No. 97) is granted and plaintiff shall 2 file and serve his objections to the February 22, 2012 findings and recommendations within 30 3 days from the date this order is filed. 4 So ordered. 5 DATED: March 16, 2012. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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