Filed: Sep. 20, 2019
Latest Update: Sep. 20, 2019
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel. On July 12, 2019, defendant filed a motion for summary judgment. On August 20, 2019, plaintiff was ordered to file an opposition to the motion within sixty days. On September 13, 2019, plaintiff filed a motion for access to his property because he was transferred on August 2, 2019, and still has not received his property from Salinas Valley State Prison. (ECF No. 40.) His motion was sign
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel. On July 12, 2019, defendant filed a motion for summary judgment. On August 20, 2019, plaintiff was ordered to file an opposition to the motion within sixty days. On September 13, 2019, plaintiff filed a motion for access to his property because he was transferred on August 2, 2019, and still has not received his property from Salinas Valley State Prison. (ECF No. 40.) His motion was signe..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding without counsel. On July 12, 2019, defendant filed a motion for summary judgment. On August 20, 2019, plaintiff was ordered to file an opposition to the motion within sixty days. On September 13, 2019, plaintiff filed a motion for access to his property because he was transferred on August 2, 2019, and still has not received his property from Salinas Valley State Prison. (ECF No. 40.) His motion was signed on September 10, 2019.
Plaintiff apparently cannot oppose the pending motion without access to his property. Therefore, counsel for defendant is directed to inform the court, within fourteen days, whether plaintiff has been provided his property. If plaintiff has not been provided his property, counsel shall advise what steps have been taken to obtain plaintiff's property from Salinas Valley State Prison.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion (ECF No. 40) is granted; and
2. Within fourteen days from the date of this order, counsel for defendant shall file a status report as set forth above.
