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Lewis v. Tilton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 19, 2008

HOMER TYRONE LEWIS, PLAINTIFF,
v.
JOHN TILTON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER SETTING SHOW CAUSE HEARING (Doc. 15)

ORDER DENYING MOTION TO EXTEND TIME (Doc. 17)

Show Cause Hearing: January 23, 2009 at 10:30 A.M. before the Honorable Dennis L. Beck, Courtroom 9.

Plaintiff Homer Tyrone Lewis ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on April 2, 2007.

On March 24, 2008, plaintiff filed a first amended complaint. (Doc. 12). Incorporated by reference is a signed declaration of Inmate Kenneth R. Calihan, Inmate No. F-17158. (Doc. 12, Exh. J). On November 19, 2008, the Court received a letter from Inmate Kenneth R. Calihan, charging plaintiff with falsifying Inmate Calihan's signature and filing a false declaration with the Court. (Doc. 15). Inmate Calihan states that he did not sign the declaration.

This Court issued an order on November 25, 2008, commanding Plaintiff to show cause why his conduct in preparing and filing the declaration of Inmate Kenneth Calihan is not in violation of Rule 11 and why sanctions, up to and including dismissal of this action, should not be imposed. (Doc. 16). Plaintiff was ordered to file a response within 15 days of service of the order.

On December 12, 2008, Plaintiff filed a motion for a sixty-day extension of time. (Doc. 17). In his motion, Plaintiff attests that he is housed in Administrative Segregation. Plaintiff attests that he requires additional time to secure a declaration from his witness, Inmate Ernesto Fierro, E-72521, whom is also housed in Administrative Segregation, and has knowledge of the relevant events at issue and will dispute Inmate Calihan's assertions.

The Court shall set this matter for a show cause hearing on January 23, 2009 at 10:30 a.m. before the undersigned in Courtroom 9. Plaintiff is no longer required to file a further written response to the order to show cause. The hearing will serve as Plaintiff's final opportunity to be heard on this matter. Accordingly, Plaintiff's request for an extension of time to file a response is denied.

Transportation orders to secure the attendance of 1) Plaintiff Homer Tyrone Lewis, C-78132; 2) Inmate Witness Ernesto Fierro, E-72521; and 3) Inmate Witness Kenneth Calihan F-17158; at the show cause hearing will be issued separately.

IT IS SO ORDERED.

20081219

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