Sims v. Lopez et al

Filing 15

ORDER Stiking 14 Plaintiff's First Motion to Extend Time to File Amended Complaint and Granting Plaintiff Thirty Days to Either File a Signed Motion or an Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 12/14/11. (Verduzco, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KELVIN SIMS, 12 Plaintiff, 13 14 vs. SHERRY LOPEZ, et al., 15 ORDER STRIKING PLAINTIFF’S FIRST MOTION TO EXTEND TIME TO FILE AMENDED COMPLAINT AND GRANTING PLAINTIFF THIRTY DAYS TO EITHER FILE A SIGNED MOTION OR AN AMENDED COMPLAINT Defendants. 16 1:10-cv-01409 BAM (PC) ________________________________/ (ECF No. 14) 17 Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 18 1983. On December 9, 2011, plaintiff filed an unsigned motion to extend time to file an 19 amended complaint. Unsigned documents cannot be considered by the Court, and Plaintiff’s 20 motion shall be stricken from the record on that ground. Fed. R. Civ. P. 11(a); Local Rule 21 131(b). In order to allow Plaintiff an opportunity to file a signed motion, Plaintiff shall be 22 granted thirty days to file either an amended complaint or a motion for an extension of time. 23 Accordingly, it is HEREBY ORDERED that within thirty (30) days from the date of 24 service of this order, Plaintiff shall either file an amended complaint or a motion for an 25 extension of time. The failure to comply with this order will result in dismissal of this action. 26 27 28 IT IS SO ORDERED. Dated: cm411 December 14, 2011 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE

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