(PC) McMillion v. Doer

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SKYLER McMILLION, No. 1:24-cv-01557-KES-SAB (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME AND 13 v. DENYING MOTION FOR COPY OF CERTIFIED TRUST FUND ACCOUNT AS 14 J. DOER, et al., MOOT 15 (ECF Nos. 8, 9) Defendants. 16 17 18 19 Plaintiff is proceeding pro se and in forma pauperis in this civil rights complaint pursuant 20 to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). 21 Currently before the Court is Plaintiff’s motion for an extension of time and request that 22 the unit team deliver his certified trust account statement, filed January 23, 2025. (ECF Nos. 8, 23 9.) Plaintiff submits that there is a 30 to 45 day delay in the mail processing at the United States 24 Penitentiary-Atwater, and he seeks an extension of any pending deadlines. (ECF No. 8.) Plaintiff 25 also separately seeks a copy of his prisoner trust fund account for the prior six months. (ECF No. 26 9.) 27 Plaintiff is advised that on December 20, 2024, the Court issued an order to show cause 28 why the action should not be dismissed for failure to exhaust the administrative remedies. (ECF 1 | No.5.) After Plaintiff failed to respond to the Court’s order to show cause, Findings and 2 | Recommendations were issued on January 22, 2025, to dismiss the action for failure to exhaust 3 || the administrative remedies. (ECF No. 7.) 4 First, inasmuch as Plaintiff's motion to proceed in forma pauperis was granted on 5 | December 18, 2024, Plaintiff's motion for a copy of his certified trust account statement is moot. 6 | Second, based on Plaintiffs contention of a delay in receipt of mail at USP-Atwater, the Court 7 | will grant Plaintiff an extension of time to file objections to the pending Findings and 8 | Recommendations, if necessary. 9 Accordingly, it is HEREBY ORDERED that: 10 1. Plaintiff is granted thirty (30) days from the date of service of this order to file 11 objections to the pending Findings and Recommendations; and 12 2. Plaintiff's motion to obtain a copy of his certified trust account statement is denied 13 as moot. 14 15 IT IS SO ORDERED. FA. ee 16 | Dated: _ January 24, 2025 STANLEY A. BOONE 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28