Lewis v. City of Fresno et al

Filing 10

ORDER GRANTING plaintiff's Motion for an Extension of Time, document 9 , to either file a statement informing the Court of his willingness to proceed only on the claim found cognizable or file an amended complaint; case management deadline set for 3/5/2012 for receipt of same; order signed by Magistrate Judge Sheila K. Oberto on 1/24/2012. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT LEWIS,

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CASE NO. 1:11-cv-01415-LJO-SKO
Plaintiff,

ORDER GRANTING PLAINTIFF'S
MOTION FOR AN EXTENSION OF
TIME

v.

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CITY OF FRESNO, et al.,
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(Docket No. 9)
Defendants.
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On December 20, 2011, the Court screened Plaintiff's complaint pursuant to 28 U.S.C.

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§ 1915(e)(2). The Court determined that Plaintiff had stated one cognizable claim for excessive

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force in violation of the Fourth Amendment against Officer Canton. Plaintiff did not, however, state

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cognizable claims under Section 1983 against Defendants Fresno Police Department or the City of

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Fresno. The Court informed Plaintiff that he could either file an amended complaint or inform the

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Court of his willingness to proceed only on the claim found cognizable. (Doc. 8, 8:2-5.) The Court

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further informed Plaintiff that if he failed to either state his willingness to proceed with the

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cognizable claim or file an amended complaint, the Court would recommend dismissal of all of the

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claims with the exception of the excessive-force claim. (Doc. 8, 8:6-8.)

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On January 18, 2012, Plaintiff filed a motion requesting an extension of 30 to 90 days to

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either file a statement informing the Court of his willingness to proceed only on the claim found

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cognizable or file an amended complaint. (Doc. 9.) Plaintiff indicated that he was "requesting a pro

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bono legal advisor because [he] cannot afford a lawyer." (Doc. 9, p. 1.)1

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff's motion for an extension of time is GRANTED;

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2.

Plaintiff shall file either a statement of his willingness to proceed on the cognizable

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claim or an amended complaint on or before March 5, 2012;

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3.

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No further extensions of time shall be granted absent a showing of truly good cause;
and

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4.

If Plaintiff fails to file either a statement of his willingness to proceed on the claim

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found cognizable or an amended complaint on or before March 5, 2012, the Court

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will recommend that all claims except the cognizable claim be dismissed with

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prejudice.

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IT IS SO ORDERED.

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Dated:
ie14hj

January 24, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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To the extent that Plaintiff is requesting appointment of counsel, he must file a motion seeking appointment

of counsel.

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