(PC) Bruce v. Chaiken et al, No. 2:2015cv00960 - Document 97 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/14/2018 VACATING 96 Order and GRANTING 95 Motion for Extension of Time. Plaintiff is GRANTED 14 days from the date of this order to file objections to the 91 Findings and Recommendations. (Donati, J)
Download PDF
(PC) Bruce v. Chaiken et al Doc. 97 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VINCENT C. BRUCE, 12 13 14 15 No. 2:15-cv-0960-TLN-KJN Plaintiff, v. ORDER SHAMA CHAIKEN, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is Plaintiff’s second motion for extension of time 19 to file objections to the August 31, 2018, findings and recommendations. (ECF No. 95.) 20 Pursuant to the mailbox rule, Plaintiff filed this motion on October 29, 2018, though this Court 21 did not have notice of the filing until November 5, 2018. (ECF No. 95.) 22 On September 28, 2018, Magistrate Judge Newman granted Plaintiff a thirty-day 23 extension of time to file objections. (ECF No. 94.) Thirty days passed and Plaintiff did not file 24 objections. On November 7, 2018, this Court adopted the findings and recommendations. (ECF 25 No. 96.) This Court was not aware of Plaintiff’s second motion for extension of time to file 26 objections when the November 7, 2018, order issued. 27 Good cause appearing, IT IS HEREBY ORDERED that: 28 1. The November 7, 2018 order is vacated; 1 Dockets.Justia.com 1 2 3 2. Plaintiff’s second motion for extension of time to file objections (ECF No. 95) is granted; 3. Plaintiff is granted fourteen days from the date of this order to file objections to the 4 August 31, 2018, findings and recommendations; no further requests for extension of time to file 5 objections will be granted. 6 7 Dated: November 14, 2018 8 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2