CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LENOIR SMITH, No. 2:18-cv-2942 KJM AC P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATIONS, et al., Defendants. 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On September 17, 2021, the court issued an order extending the deadline to file motions to compel to October 25, 2021. ECF No. 47. On November 12, 2021, the court received plaintiff’s motion to compel, which reflects that it was submitted for mailing on November 7, 2021. ECF No. 49 at 5. Even affording plaintiff the benefit of the prisoner mailbox rule, see Houston v. Lack, 487 U.S. 266, 276 (1988) (establishing rule that a prisoner’s court document is deemed filed on the date the prisoner delivered the document to prison officials for mailing), his motion is thirteen days late and is not accompanied by a request for leave to file the motion untimely or an…