Warsaw v. Captain J. Garcia et al

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25-cv-1262-JO-DDL
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CHRISTOPHER D. WARSAW,
Plaintiff,
v.
CAPTAIN J. GARCIA, CDCR A.W
- A MAY AND STAFF A. PEREZ,
Defendants.
Case No.: 25-cv-1262-JO-DDL
ORDER GRANTING IN PART
PLAINTIFF’S MOTION FOR
EXTENSION OF TIME
[Dkt. No. 17]
On February 13, 2025, Plaintiff filed a complaint in the Superior Court of
California, County of San Diego. Dkt. No. 1-3. Defendants removed the action to
this Court on May 16, 2025. 	Dkt. No. 1.
On May 29, 2025, Defendants filed a Motion to Dismiss for Failure to State
a Claim. Dkt No. 2.
On December 29, 2025, the Court issued a Report and Recommendation
For Order Granting Defendants' Motion To Dismiss With Leave To Amend. 	Dkt.
No. 15. 	The Court ordered the parties to file any written objections to the Report
and Recommendation by January 12, 2026 and any replies to the objections by
January 26, 2026. 	Id. at 11.
On January 6, 2026, Plaintiff filed a Motion for Extension of Time that was
Case 3:25-cv-01262-JO-DDL Document 18 Filed 01/15/26 PageID.<pageID> Page
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25-cv-1262-JO-DDL
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entered onto the docket on January 14, 2026. Dkt. No. 17. Plaintiff seeks a sixty-
day 	extension 	of 	time 	to 	file 	his 	objections 	to 	the 	Court’s 	Report 	and
Recommendation. 	Id. at 1. 	In support, Plaintiff states that he needs additional
time to “ascertain all facts [] to satisfy the Court ruling.”1 Id.
Good cause appearing, Plaintiff’s motion is GRANTED IN PART as follows:
any written objections to the Report and Recommendation [see Dkt. No. 15] must
be filed with the Court and served on all parties no later than February 17, 2026.2
The document should be captioned “Objections to Report and Recommendation.”
Any reply to the objections shall be filed with the Court and served on all parties
no later than March 2, 2026. The parties are advised that the failure to file
objections within the specified time may waive the right to raise those objections
on appeal of the Court’s order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir.
1998).
IT IS SO ORDERED.
Dated: January 15, 2026
Hon. David D. Leshner
United States Magistrate Judge
1 Attached to Plaintiff’s motion are several documents related to inmate Michael
Henderson. 	Dkt. No. 17 at 2-11. 	The Court is unsure of the purpose of these
documents and has not considered them in its ruling.
2 The instant motion is entitled “”Motion” Extension of Time. Leave to Amend
Pursuant to Court Order December 29, 2025.” 	Dkt. No. 17. 	For clarity, the
February 16, 2026 deadline is not a deadline for Plaintiff to file an amended
complaint. That deadline has not been set and will bet set by Judge Ohta should
she choose to issue an Order Adopting the December 29, 2025 Report and
Recommendation.
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