Gaston v. Patel

Filing 26

ORDER Vacating Findings and Recommendation 24 and Granting Plaintiff's Motion for Extension 22 , signed by Magistrate Judge Michael J. Seng on 3/12/11. Amended Complaint due no later than 4/1/2011. (Attachments: # 1 Amended Complaint Form)(Verduzco, M)

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(PC)Gaston v. Patel Doc. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (ECF No. 24.) The same day, the Court received a Motion for Extension of Time signed by Plaintiff on February 28, 2011. (ECF No. 22.) Plaintiff asks for an additional fifteen days to file his amended complaint based on his inability to get copies of his filings. (Id.) For good cause shown, Plaintiff's Motion for Extension is GRANTED. Plaintiff shall file his amended complaint not later than April 1, 2011. Failure to comply with this deadline will result in dismissal of this action. Because Plaintiff is now actively prosecuting Plaintiff Anthony Gaston ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On March 7, 2011 the Court entered a Findings and Recommendation recommending that this action be dismissed for failure to prosecute because Plaintiff had not filed an amended complaint. v. I. PATEL, Defendant. / Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATION AND GRANTING PLAINTIFF'S MOTION FOR EXTENSION (ECF Nos. 22 & 24) PLAINTIFF'S AMENDED COMPLAINT DUE APRIL 1, 2011 ANTHONY GASTON, EASTERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT CASE NO. 1:09-cv-1966-OWW-MJS (PC) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 this case, the Court VACATES its March 7, 2011 Findings and Recommendation. IT IS SO ORDERED. Dated: ci4d6 March 12, 2011 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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