Maldonado v. Yates, et al.

Filing 9

ORDER DENYING 8 Plaintiff's Motion for Leave to Amend and GRANTING Extension of Time to File Objections, signed by Magistrate Judge Dennis L. Beck on 3/19/2013. Objections to F&R due by 4/4/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BILLY RAY SHA’NEE MALDONADO,

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Plaintiff,
v.

Case No. 1:12-cv-00871-LJO-DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND AND
GRANTING EXTENSION OF TIME TO
FILE OBJECTIONS

JAMES YATES, et al.,
ECF No. 8

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Defendants.
OBJECTIONS DUE APRIL 4, 2013

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Plaintiff Billy Ray Sha’Nee Maldonado (“Plaintiff”) is a prisoner in the custody of the

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California Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se

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and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. On May 29, 2012, Plaintiff

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filed his complaint. ECF No. 1. On February 27, 2013, the Court issued a Findings and

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Recommendations recommending dismissal of the action for failure to state a claim, with objections

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due within fourteen days. Pending before the Court is Plaintiff’s motion for leave to amend, or in

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the alternative, an extension of time to file objections, filed March 8, 2013. ECF No. 8.

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Plaintiff contends that he is “illiterate legal litigation” and that he only now understands that

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he has named improper defendants and improper claims. Plaintiff’s motion to amend is denied.

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Plaintiff has presented no argument to demonstrate that he can possibly amend his pleadings to state

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a claim.

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Plaintiff also requests that he be permitted an extension of time to file objections to the
findings and recommendations. The Court will grant Plaintiff one extension of time. No further
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extensions of time will be granted.

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Based on the foregoing, it is HEREBY ORDERED that:

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1. Plaintiff’s motion to amend, filed March 8, 2013, is denied;

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2. Plaintiff’s motion for extension of time to file objections to the findings and

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recommendations is granted; and

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3. Plaintiff is granted up to April 4, 2013 by which to file his objections to the findings and

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recommendations.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

March 19, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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77e0d6

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