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Clinton Wagner v. Moss Posner

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


June 30, 2011

CLINTON WAGNER, PLAINTIFF,
v.
MOSS POSNER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion for an extension of time to file an opposition to defendants' summary judgment motion and plaintiff's motion to modify the scheduling order.

In both motions, plaintiff claims that when he was (apparently) recently placed in administrative segregation, correctional officers destroyed his complaint, exhibits and evidence related to the instant action. Plaintiff now requests a 270 day extension of time to respond to defendants' summary judgment motion filed May 6, 2011, so that he may recreate his legal files regarding this case.*fn1

Because of the lengthy extension of time plaintiff seeks, defense counsel is directed to inform the court of the status of plaintiff's access to his legal materials related to this action.

Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this order, defense counsel shall inform the court of the status of plaintiff's access to his legal materials related to this action.


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