Polk v. Pittman et al

Filing 92

ORDER DENYING Plaintiff's FIRST 84 Motion for Extension of Time to File Fourth Amended Complaint; ORDER DENYING 88 Motion to Stay AS MOOT; ORDER GRANTING SECOND 90 Motion for Extension of Time to File Fourth Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 04/1/2015. (FOURTH Amended Complaint due by 5/29/2015) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) 1:11-cv-00728-AWI- BAM (PC)
)
Plaintiff,
) ORDER DENYING PLAINTIFF’S FIRST
) MOTION TO EXTEND TIME TO FILE
v.
) FOURTH AMENDED COMPLAINT
) (ECF No. 84)
PITTMAN, et al.,
)
) ORDER DENYING MOTION FOR STAY
Defendants.
) AS MOOT
) (ECF No. 88)
)
) ORDER GRANTING SECOND MOTION
) FOR EXTENSION OF TIME TO FILE
) FOURTH AMENDED COMPLAINT
)
) Deadline: May 29, 2015
)
______________________________________________________________________________
SUSAN MAE POLK,

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Plaintiff Susan Mae Polk (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action filed pursuant to 42 U.S.C. § 1983. On December 22, 2014, the Court dismissed

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Plaintiff’s third amended complaint with leave to amend within thirty days. (ECF No. 83.)

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On January 22, 2015, Plaintiff requested an extension of time to March 26, 2015, to file

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her amended complaint. (ECF No. 84.) On the same date, Plaintiff filed objections to the

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Magistrate Judge’s screening order dismissing the third amended complaint with leave to amend.

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(ECF No. 85.)

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On March 11, 2015, Plaintiff filed a motion to stay this action pending resolution of her
objections. (ECF No. 88.)

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On March 27, 2015, Plaintiff filed a second motion for extension of time to file her fourth
amended complaint. Plaintiff requests an extension of time to May 29, 2015. (ECF No. 90.)

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On March 31, 2015, the district court denied Plaintiff’s objections. (ECF No. 91.)

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As the district court has addressed Plaintiff’s objections, the request for a stay of this

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action pending resolution of the objections is moot and, on that basis, DENIED. Similarly, the

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deadline in Plaintiff’s first request for an extension of time has passed and her request also is

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DENIED. However, the Court finds good cause for an extension of time to amend the

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complaint. Accordingly, Plaintiff’s second request for an extension of time to file her fourth

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amended complaint is GRANTED. Plaintiff shall file her fourth amended complaint, if any, on

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or before May 29, 2015.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

April 1, 2015

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A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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