Avery v. Hubbard et al

Filing 20

ORDER VACATING 17 Findings and Recommendations; ORDER Requiring Plaintiff to File Amended Complaint Within Thiryt Days signed by Magistrate Judge Dennis L. Beck on 10/20/2009. ( Amended Complaint due by 11/23/2009)(Figueroa, O)

1 2 3 4 5 6 7 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SHANNON LEWIS AVERY, SR., 11 12 v. (Doc. 17) 13 SUZAN L. HUBBARD, et al., 14 15 16 17 Plaintiff Shannon Lewis Avery, Sr. ("Plaintiff") is a state prisoner proceeding pro se in Defendants. / ORDER REQUIRING PLAINTIFF TO FILE AMENDED COMPLAINT WITHIN 30 DAYS Plaintiff, Case No. 1:09-cv-00321-LJO-DLB (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS

UNITED STATES DISTRICT COURT

18 this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on January 7, 19 2009 in the Northern District of California. Plaintiff's case was transferred to the Eastern 20 District of California on February 23, 2009. On June 22, 2009, the Court issued an order 21 dismissing Plaintiff's complaint for failure to state a claim upon which relief may be granted, and 22 granting Plaintiff leave to file an amended complaint within 30 days. (Doc. 16.) On September 23 1, 2009, the Court issued a Findings and Recommendations recommending dismissal of the 24 action for failure to state a claim and failure to file an amended complaint. (Doc. 17.) On 25 September 25, 2009, Plaintiff filed objections to the Findings and Recommendations. (Doc. 18.) 26 Plaintiff contends that he had submitted a request for an extension of time to file an amended 27 complaint. Plaintiff also contends that he has had limited access to the law library and difficulty 28 with receiving his seizure and pain medication. 1

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Plaintiff has demonstrated good cause as to why he was unable to comply with the

2 Court's order. Accordingly, the Court will vacate its Findings and Recommendations filed on 3 September 1, 2009. The Court will grant Plaintiff a thirty day extension of time to file his 4 amended complaint. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 3b142a 3. 2. Based on the foregoing, the Court HEREBY ORDERS the following: 1. The Court's Findings and Recommendations, filed on September 1, 2009, are vacated; Plaintiff is granted leave to file an amended complaint within thirty (30) days from the date of service of this order; and The failure to comply with this order may result in dismissal of this action for failure to state a claim upon which relief may be granted.

October 20, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE