Lynch v. Doe, et al

Filing 31

ORDER Vacating Findings and Recommendations 29 ; ORDER Granting Extension of Time to File Second Amended Complaint 30 , signed by Magistrate Judge Gary S. Austin on 6/25/12. Thirty Day Deadline. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONEY LYNCH,

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Plaintiff,

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1:09-cv-02097-AWI-GSA-PC
ORDER VACATING FINDINGS
AND RECOMMENDATIONS OF
JUNE 14, 2012
(Doc. 29.)

vs.
WARDEN OF PLEASANT VALLEY
STATE PRISON, et al.,

ORDER GRANTING EXTENSION OF
TIME TO FILE SECOND AMENDED
COMPLAINT
(Doc. 30.)

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Defendants.
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THIRTY DAY DEADLINE
/

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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 June 14, 2012, the undersigned issued findings and recommendations to dismiss this action for

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Plaintiff’s failure to obey a court order requiring him to file a second amended complaint. (Doc. 29.)

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On June 19, 2012, Plaintiff filed a motion for an extension of time to file the second amended complaint,

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on the grounds that he has limited access to legal materials and the law library. (Doc. 30.) In light of

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Plaintiff’s motion, and good cause appearing, the court shall vacate the findings and recommendations

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and grant Plaintiff’s motion for extension of time.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations of June 14, 2012 are VACATED;

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2.

Plaintiff’s motion for extension of time, filed on June 19, 2012, is GRANTED;

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3.

Within thirty days from the date of service of this order, Plaintiff shall file a

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second amended complaint, in compliance with the Court’s order of May 1,

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2012; and

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4.

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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

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June 25, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE