Larry James Porter v. Yang, et al.

• Court: District Court, E.D. California
• Decided: January 5, 2026
• Docket: 1:25-cv-00311
• Status: Unknown

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LARRY JAMES PORTER, Case No. 1:25-cv-00311-BAM (PC) 10 Plaintiff, ORDER GRANTING PLAINTIFF’S REQUEST FOR EXTENSION OF TIME TO 11 v. FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS 12 YANG, et al., (ECF No. 13) 13 Defendants. ORDER DENYING PLAINTIFF’S MOTION 14 FOR SERVICE AND COPIES 15 (ECF No. 14) 16 THIRTY (30) DAY DEADLINE 17 18 19 Plaintiff Larry James Porter (“Plaintiff”) is a state prisoner proceeding pro se in this civil 20 rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 21 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On December 15, 2025, the Court issued findings and recommendations that 23 recommended this action be dismissed, without prejudice, for failure to obey a court order and for 24 Plaintiff’s failure to prosecute this action. (ECF No. 12.) Plaintiff was directed to file any 25 objections to the findings and recommendations within fourteen (14) days. (Id.) 26 On December 30, 2025, Plaintiff filed a motion for a thirty-day extension of time to file 27 his objections. (ECF No. 13.) Plaintiff asserts that he only became aware of the findings and 28 recommendations on December 20, 2025, and he never received the findings and 1 recommendations. (Id. at 3.) Plaintiff claims the mailroom staff refused to give him his legal 2 mail and he has filed a grievance. (Id.) Plaintiff also filed a motion requesting that the Court (1) 3 confirm that his motion requesting an extension of time was filed, (2) provide defendants with a 4 copy of the motion; and (3) provide him a copy of the motion. (ECF No. 14.) 5 Having considered the request, the Court finds that Plaintiff has presented good cause for 6 the requested extension of time. Fed. R. Civ. P. 6(b). However, Plaintiff’s request for service of 7 the motion on defendants and his request for a copy of the motion will be denied. 8 As to service of the motion, Defendants have not been served with the complaint and have 9 not appeared in this action, making service of the motion for an extension of time unnecessary. 10 As to the request for a copy of the motion, Plaintiff is reminded that the Clerk of the Court 11 does not ordinarily provide free copies of case documents to parties, even those proceeding in 12 forma pauperis. See Hullom v. Kent, 262 F.2d 862, 863 (6th Cir. 1959.) Plaintiff is responsible for 13 maintaining his own records for this proceeding. Plaintiff is informed that the Clerk charges $0.50 14 per page for copies of documents. See 28 U.S.C. § 1914(b). Copies of up to twenty pages may 15 be made by the Clerk’s Office at this Court upon written request, prepayment of the copy fees, 16 and submission of a large, self-addressed stamped envelope. 17 Based on the above, it is HEREBY ORDERED as follows: 18 1. Plaintiff’s motion for an extension of time to file objections to the pending findings 19 and recommendations, (ECF No. 13), is GRANTED. Plaintiff shall file his objection 20 to the December 15, 2025 findings and recommendations within thirty (30) days from 21 the date of service of this order. 22 2. Plaintiff’s motion for service and copies of the motion for extension of time, (ECF No. 23 14), is DENIED. 24 IT IS SO ORDERED. 25

26 Dated: January 5, 2026 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27