Marsh v. Brown et al

Filing 19

ORDER signed by Magistrate Judge Gary S. Austin on 11/3/11 vacating 18 FINDINGS AND RECOMMENDATIONS and granting 16 Motion to extend time to file an amended complaint. (Amended Complaint due by 12/6/2011). (Lundstrom, T)

1
2
3

IN THE UNITED STATES DISTRICT COURT FOR THE

4

EASTERN DISTRICT OF CALIFORNIA

5
6
7
8
9
10
11

LAWRENCE MARSH,
)
)
Plaintiff,
)
)
v.
)
)
JERRY BROWN, et al.,
)
)
Defendants.
)
____________________________________)

NO. 1:10-cv-02353 LJO GSA PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS AND
GRANTING MOTION TO EXTEND
TIME TO FILE AN AMENDED
COMPLAINT
(ECF No. 16)
AMENDED COMPLAINT DUE IN
THIRTY DAYS

12
13
14

On August 29, 2011, an order was entered, dismissing the complaint and granting

15

Plaintiff leave to file an amended complaint. Plaintiff failed to file an amended complaint within

16

the allotted thirty days, and on November 1, 2011, a recommendation of dismissal was entered.

17

A review of the docket indicates that on October 25, 2011, Plaintiff filed a motion titled

18

as a motion to compel. In the same motion, Plaintiff seeks an extension of time to file an

19

amended complaint. The Court finds that good cause exists to grant Plaintiff an extension of

20

time in which to file an amended complaint.

21

Accordingly, IT IS HEREBY ORDERED that:

22

1. The November 1, 2011, recommendation of dismissal is vacated.

23

2. Plaintiff is granted an extension of time of thirty days from the date of service of this

24

order in which to file an amended complaint.

25
26
27
28

IT IS SO ORDERED.
Dated:

November 3, 2011

/s/ Gary S. Austin

1

6i0kij

UNITED STATES MAGISTRATE JUDGE

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
28

2