McDaniel v. Chavez et al
Filing
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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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