Morgan v. Tilton et al
Filing
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ORDER VACATING Findings and Recommendations of May 6, 2011 38 ; ORDER GRANTING Extension of Time to Comply With Screening Order of March 16, 2011; ORDER DIRECTING Clerk to Send Copy of Screening Order to Plaintiff 37 ; THIRTY DAY DEADLINE For Plaintiff to Comply, signed by Magistrate Judge Gary S. Austin on 6/20/11: Plaintiff's failure to comply with this order shall result in a recommendation that this action be dismissed. (Hellings, J)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KELLY MORGAN,
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1:08-cv-00233-OWW-GSA-PC
Plaintiff,
ORDER VACATING FINDINGS
AND RECOMMENDATIONS OF
MAY 6, 2011
(Doc. 38.)
vs.
TILTON, et al.,
ORDER GRANTING EXTENSION OF
TIME TO COMPLY WITH SCREENING
ORDER OF MARCH 16, 2011
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Defendants.
ORDER DIRECTING CLERK TO SEND
COPY OF SCREENING ORDER TO
PLAINTIFF
(Doc. 37.)
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THIRTY DAY DEADLINE FOR PLAINTIFF
TO COMPLY
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/
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Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983.
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On March 16, 2011, the undersigned issued findings and recommendations to dismiss this action for
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plaintiff’s failure to obey the Court’s screening order of March 16, 2011. (Doc. 37.) On June 17,
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2011, Plaintiff filed objections to the findings and recommendations and a notice of change of
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address to Kern Valley State Prison (KVSP). Plaintiff explains that he was transferred from
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California State Prison-Los Angeles County (LAC) to KVSP in September 2010 and only recently
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received his mail forwarded from LAC. Plaintiff requests an extension of time to comply with the
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Court’s screening order.
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Plaintiff is advised that under Local Rule 183, he is required to keep the Court and opposing
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parties apprised of his current address, or the Court may dismiss his case for failure to prosecute.
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L.R. 183(b). Here, in light of Plaintiff’s response and request for extension of time, the Court finds
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good cause to vacate the findings and recommendations and grant Plaintiff an extension of time to
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comply with the Court’s screening order.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations of May 6, 2011 are VACATED;
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2.
Plaintiff’s request for an extension of time to comply with the Court’s
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screening order is GRANTED;
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3.
Within thirty days from the date of service of this order, Plaintiff shall either
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(1) file a Second Amended Complaint, or (2) notify the Court of his
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willingness to proceed only on the claims found cognizable by the Court in the
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Court’s screening order of March 16, 2011;
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4.
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The Clerk is DIRECTED to send Plaintiff a copy of the Court’s screening
order of March 16, 2011 (Doc. 37.); and
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5.
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Plaintiff’s failure to comply with this order shall result in a recommendation
that this action be dismissed.
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IT IS SO ORDERED.
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Dated:
6i0kij
June 20, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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