Elmore v. Campos et al

Filing 17

AMENDED ORDER 16 Addressing Plaintiff's 15 Motion for Extension of Time; ORDER GRANTING Thirty Day Extension of Time to File Response to Order to Show Cause; ORDER REQUIRING Plaintiff to pay $350.00 Filing Fee within Twenty Days or this case will be DISMISSED, signed by Magistrate Judge Gary S. Austin on 09/28/2012.( 30) Day Deadline (Martin-Gill, S)

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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 TONIE ELMORE, 12 Plaintiff, 13 vs. 1:12-cv-00335-GSA (PC) AMENDED ORDER ADDRESSING PLAINTIFF’S MOTION FOR EXTENSION OF TIME (Motion #15, Order #16) 14 CAMPOS, et al., 15 16 Defendants. 17 ORDER REQUIRING PLAINTIFF TO PAY FILING FEE WITHIN TWENTY DAYS OR THIS CASE WILL BE DISMISSED 18 19 20 ORDER GRANTING THIRTY DAY EXTENSION OF TIME TO FILE RESPONSE TO ORDER TO SHOW CAUSE ________________________________/ Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 21 1983. On September 19, 2012, plaintiff filed a motion to extend time to respond to the Court’s 22 orders in three of his pending cases. Plaintiff asserts that he needs the extension of time 23 because he has been unable to use the law library. Plaintiff has two pending deadlines in this 24 action: (1) to file a response to the Court's order to show cause of August 23, 2012, and (2) to 25 pay the $350.00 filing fee pursuant to the Court's order of September 10, 2012. 26 Good cause showing, Plaintiff shall be granted a thirty-day extension of time to file a 27 response to the Court's order to show cause. However, Plaintiff has not shown good cause for 28 the Court to grant him an extension of time to pay the filing fee. Plaintiff does not require time 1 at the law library to pay his filing fee. Thus, Plaintiff is required to pay the filing fee within 2 twenty days, or this case will be dismissed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 6 Plaintiff is granted thirty days from the date of service of this order in which to file a response to the Court's order to show cause of September 10, 2012; 2. Plaintiff is required to pay the $350.00 filing fee for this action in full within 7 twenty days of the date of service of this order, or this case will be dismissed 8 without further notice; and 9 3. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No further extensions of time shall be granted without a showing of good cause. IT IS SO ORDERED. Dated: 220hhe September 28, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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