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Johnson v. Kernan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 4, 2008

GEORGE I. JOHNSON, PLAINTIFF,
v.
SCOT KERNAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On April 21, 2008, the court issued findings and recommendations and provided a 20-day objection period. On May 23, 2008, the court granted a 30-day extension of the objection deadline to June 23, 2008. On June 4, 2008, plaintiff filed a request for a further extension of time. Because he did not specify how much additional time was needed or why, the request was denied. On June 24, 2008, plaintiff requested and was granted a second 30-day extension of time. Pending before the court is plaintiff's motion for a third 30-day extension of time (Doc. 50) to file objections to the April 21, 2008, findings and recommendations.

In his motion, plaintiff states that he requires additional time because he has not had access to the prison law library. The court finds that this is insufficient cause for an extension. Specifically, the findings and recommendations issued on April 21, 2008, relate to defendants' motion for summary judgment. Plaintiff's claims in this case arise from alleged Eighth Amendment violations and do not involve novel or complex issues of law requiring legal research. The findings and recommendations recommend granting defendants' motion based on the undisputed facts, not on any complex rule of law. Therefore, plaintiff does not require additional time in the law library in order to prepare objections. If there are facts which would defeat summary judgment, they will not be found as a result of more time in the law library.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for a third extension of time (Doc. 50) is denied.

20080804

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