Rodriguez v. CDCR Departmental Review Board et al

Filing 20

ORDER Construing Plaintiff's Ex Parte Request for Extension of Time to File an Amended Complaint as a Motion for Extension of Time to File a First Amended Complaint; ORDER Granting Plaintiff's Motion to Extend Time to File First Amended Complaint 18 ; ORDER Withdrawing the Order to Show Cause 19 , signed by Magistrate Judge Jennifer L. Thurston on 5/13/13. (Attachments: # 1 Amended Complaint Form)(Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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LUIS V. RODRIGUEZ,

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Plaintiff,

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vs.
CDCR DEPARTMENTAL REVIEW
BOARD, et al.,

1:12-cv-00757-JLT (PC)
ORDER CONSTRUING PLAINTIFF’S EX
PARTE REQUEST FOR EXTENSION OF
TIME TO FILE AN AMENDED
COMPLAINT AS A MOTION FOR
EXTENSION OF TIME TO FILE A FIRST
AMENDED COMPLAINT

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Defendants.

(Doc. 18)

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________________________________/
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ORDER GRANTING PLAINTIFF'S
MOTION FOR EXTEND TIME TO FILE A
FIRST AMENDED COMPLAINT

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(Doc. 18)
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ORDER WITHDRAWING THE ORDER
TO SHOW CAUSE DATED MAY 10, 2013

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(Doc. 19)

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.

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§ 1983. On May 10, 2013, Plaintiff filed an “Ex Parte Request for Extension of Time to File [an]

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Amended Complaint.” (Doc. 18). Plaintiff reports that prison officials have denied him access to

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the law library for the past 30 days and have denied him access to his “notes and documents that

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are crucial to appropriately amend the Complaint.” (Doc. 18 at 1).

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In its Order dated April 15, 2013, (Doc. 17), the Court explicitly delineated the standards

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by which Plaintiff would need to amend his complaint. Why he believes he needs to access the law

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library or his notes in storage is neither clear nor explained by Plaintiff. Clearly, the events at issue

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are within his personal knowledge. However, the Court will GRANT Plaintiff’s request for an

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additional 30 days in which to file a first amended complaint or to notify the Court that he wishes

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to proceed on his cognizable claims. This shall be Plaintiff’s only extension of time to amend

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his complaint absent an exceptional showing of good cause, which shall not include law

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library access or access to the documents requested.

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Accordingly, having found GOOD CAUSE, it is HEREBY ORDERED that:

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The Order to Show Cause, dated May 10, 2013, (Doc. 19) is WITHDRAWN; and

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2.

Plaintiff is GRANTED thirty (30) days from the date of service of this Order in

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which to file a first amended complaint or notify the Court whether he wishes to

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proceed on his cognizable claims.

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IT IS SO ORDERED.

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Dated: May 13, 2013
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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