Cruz v. Governor Schwartzenegger et al

Filing 40

ORDER VACATING 38 FINDINGS AND RECOMMENDATIONS; 39 MOTION for EXTENSION of Time to File Amended Complaint GRANTED signed by Magistrate Judge Gary S. Austin on 1/8/2009. ( Amended Complaint due 3/12/2009). (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SIXTY-DAY DEADLINE 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________/ Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On December 24, 2008, the undersigned entered findings and recommendations to dismiss this action for plaintiff's failure to obey the Court's order of May 29, 2008 which dismissed plaintiff's complaint with leave to amend. (Doc. 38.) Also on December 24, 2008, plaintiff filed a motion for an extension of time to file his amended complaint. (Doc. 39.) Good cause having been presented to the court, and GOOD CAUSE APPEARING THEREFOR, the Court shall vacate the findings and recommendations and grant plaintiff an extension of time. Plaintiff is hereby informed that further extensions of time shall not be granted without a showing of good cause. Accordingly, IT IS HEREBY ORDERED that: 1. The findings of recommendations of December 24, 2008, are VACATED in their entirety; vs. SCHWARZENEGGER, et al., Defendants. BRIAN CRUZ, Plaintiff, 1:06-cv-00759-LJO-GSA (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS (Doc. 38.) ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE AMENDED COMPLAINT (Doc. 39.) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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2.

Plaintiff is granted sixty (60) days from the date of service of this order in which file an amended complaint, pursuant to the court's order of May 29, 2008; and

3.

Further extensions of time shall not be granted without a showing of good cause.

IT IS SO ORDERED. Dated: 220hhe

January 8, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE