(PC) Crump v. O'Campo ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVE CRUMP, No. 2:20-cv-2343 JAM KJN P 12 Plaintiff, 13 v. ORDER 14 A. O’CAMPO, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, proceeds pro se and in forma pauperis with an action brought 18 under 42 U.S.C. § 1983. Both parties filed motions. As set forth below, plaintiff’s renewed 19 motion is denied without prejudice, and defendant O’Campo is granted an extension of time to 20 file a responsive pleading. 21 Plaintiff’s Renewed Motion for Injunctive Relief 22 On May 27, 2021, plaintiff again renewed his motion for preliminary injunction.1 23 However, on March 15, 2021, the undersigned issued findings and recommendations addressing 24 plaintiff’s first motion for preliminary injunction, which was adopted by the district court on May 25 3, 2021, over plaintiff’s objections. Plaintiff’s recently renewed motion includes no new factual 26 1 On May 24, 2021, plaintiff previously renewed his motion, which was denied without prejudice 27 on May 28, 2021. (ECF No. 44, 46.) In the instant motion, plaintiff also asked that the stay of this action be lifted. The stay of this 28 action was lifted on May 21, 2021. (ECF No. 43.) 1 | allegations, and fails to address any of the elements required under Winter v. Natural Resources 2 | Defense Council, Inc., 555 U.S. 7 (2008). Rather, in his one paragraph motion, plaintiff once 3 || again repeats claims previously raised. Plaintiff's renewed motion is denied without prejudice. 4 Defendant O’Campo’s Request for Extension 5 On June 2, 2021, defendant filed a request for extension of time to file a responsive 6 || pleading. Good cause appearing, defendant’s request is granted. Defendant shall file a 7 || responsive pleading on or before July 12, 2021. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. Plaintiff's motion (ECF No. 45) is denied without prejudice; 10 2. Defendant’s request (ECF No. 48) is granted; and 11 3. Defendant O’Campo shall file a responsive pleading on or before July 12, 2021. 12 | Dated: June 3, 2021 i Aectl Aharon 14 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 15 |] écrum2343.pi3 16 17 18 19 20 21 22 23 24 25 26 27 28