Deutsch v. Enenmoh, et al.

Filing 17

ORDER VACATING FINDINGS AND RECOMMENDATIONS 15 ; ORDER GRANTING Plaintiff Extension of Time to File First Amended Complaint 16 , signed by Magistrate Judge Dennis L. Beck on 6/25/15: Thirty-Day Deadline. (Attachments: # 1 Amended Complaint - blank form)(Hellings, J)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

DONALD DEUTSCH,
10

Plaintiff,

11
12
13
14

vs.
A. ENENMOH, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

1:13-CV-00504 LJO DLB PC
ORDER VACATING FINDINGS AND
RECOMMENDATION TO DISMISS
ACTION
[ECF No. 15]
ORDER GRANTING PLAINTIFF
EXTENSION OF TIME TO FILE FIRST
AMENDED COMPLAINT
[ECF No. 16]

15
16

Plaintiff Donald Deutsch (“Plaintiff”) is a state prisoner in the custody of the California

17

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

18
19
20

civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on April 8, 2013.
On December 29, 2014, the Court dismissed the complaint for failure to state a claim.
Plaintiff was granted thirty (30) days to file an amended complaint. Plaintiff notified the Court

21

of a changed address on January 23, 2015; therefore, the Court re-served the order on February
22
23
24
25

2, 2015, and reset the deadline for filing an amended complaint. On February 4, 2015, Plaintiff
filed a motion for a sixty (60) day extension of time. On February 6, 2015, the Court granted the
motion for extension of time and extended the deadline by sixty days. On April 6, 2015, Plaintiff

26

filed a motion for a thirty (30) day extension of time. On April 13, 2015, the Court granted

27

Plaintiff a second extension of time and extended the deadline by an additional thirty (30) days to

28

May 18, 2015. The deadline for filing an amended complaint passed and Plaintiff failed to file
1

1
2
3

an amended complaint or otherwise communicate with the Court. Therefore, on May 28, 2015,
the Court issued a Findings and Recommendation which recommended the action be dismissed
for failure to state a claim and failure to prosecute.

4

On June 15, 2015, Plaintiff filed the instant motion requesting leave to file a First

5

Amended Complaint. Plaintiff states he was preparing to file his First Amended Complaint prior
6
7
8
9

to the May 18, 2015, deadline. However, without advance notice, he was advised by prison staff
on May 15, 2015, to take his property to be packed up since he was being transferred from
Avenal State Prison back to Valley State Prison due to a negative skin test for Valley Fever.

10

Plaintiff states he arrived at Valley State Prison on May 27, 2015, and has not been given his

11

property which contains his legal documents. Plaintiff asks that he be granted additional time to

12

file his First Amended Complaint in light of the above.

13

Good cause having been presented, and GOOD CAUSE APPEARING THEREFOR, the

14

Court hereby VACATES the Findings and Recommendation of May 28, 2015. Plaintiff is

15

GRANTED an additional thirty (30) days to file his First Amended Complaint. Plaintiff is

16
17
18

advised that absent extraordinary circumstances, no further extensions will be granted, and
failure to file a First Amended Complaint within the time provided will result in dismissal of the
action.

19
20

IT IS SO ORDERED.

21
22

Dated:

/s/ Dennis

June 25, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28
2