McDaniel v. Chavez et al

Filing 16

ORDER Vacating 13 Findings and Recommendations of May 23, 2014, signed by Magistrate Judge Gary S. Austin on 07/18/14. Thirty-Day Deadline for Plaintiff to File Amended Complaint. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT MCDANIEL,

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Plaintiff,
vs.

1:10-cv-01077-LJO-GSA-PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS OF MAY 23,
2014
(Doc. 13.)

FRANK X. CHAVEZ, et al.,
Defendants.

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THIRTY DAY DEADLINE FOR
PLAINTIFF TO FILE AMENDED
COMPLAINT

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Robert McDaniel (APlaintiff@) is a former state prisoner proceeding pro se in this civil
rights action pursuant to 42 U.S.C. ' 1983.

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On May 23, 2014, the undersigned issued findings and recommendations to dismiss this

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action for Plaintiff’s failure to obey the court’s order of April 3, 2014, which required him to

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either file an amended complaint or notify the court that he is willing to proceed with the claims

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found cognizable by the court. (Doc. 13.) On June 23, 2014, Plaintiff filed objections to the

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findings and recommendations. (Doc. 14.)

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Plaintiff states that he did not timely comply with the court’s order because he only

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received it on or about June 13, 2014, due to delays in mail service. Plaintiff asserts that he

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wishes to prosecute this case and intends to file an amended complaint. Plaintiff requests an

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extension of time to do so.
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In light of Plaintiff’s objections and his request for extension of time, and good cause

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appearing, the court shall vacate the findings and recommendations and grant Plaintiff an

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extension of time to file an amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations of May 23, 2014 are VACATED;

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2.

Plaintiff is granted an extension of time until thirty days from the date of service

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of this order, in which to file an amended complaint pursuant to the court’s order

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of April 3, 2014;

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3.

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Should Plaintiff require further extension of time, he should file a motion before
the expiration of the existing deadline; and

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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.
Dated:

July 18, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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