Vanderwerff v. Allison et al
Filing
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ORDER VACATING 17 FINDINGS AND RECOMMENDATIONS Regarding Dismissal of Action for Failure to State a Claim; ORDER GRANTING 16 Plaintiff's Motion for Forty-Five Day Extension of Time to Amend Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 6/9/2014. Amended Complaint due by 7/24/2014. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER EVAN VANDERWERFF,
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Plaintiff,
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v.
K. ALLISON, et al.,
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Defendants.
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1:13-cv-00521-LJO-BAM (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF ACTION FOR FAILURE
TO STATE A CLAIM (ECF No. 17)
ORDER GRANTING PLAINTIFF’S
MOTION FOR FORTY-FIVE DAY
EXTENSION OF TIME TO AMEND
COMPLAINT (ECF No. 16)
Deadline: July 24, 2014
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Plaintiff Christopher Evan Vanderwerff (“Plaintiff”) is a state prisoner proceeding pro se
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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated
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this action on February 13, 2013.
On April 25, 2014, the Court dismissed Plaintiff’s complaint for failure to state a claim,
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with leave to file an amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. §
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1915(e). Plaintiff was warned that if he failed to file an amended complaint in compliance with
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the order, this action would be dismissed for failure to state a claim. Plaintiff’s amended
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complaint was due on or before May 28, 2014.1
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Plaintiff failed to file an amended complaint. As such, on June 6, 2014, the undersigned
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issued Findings and Recommendations that this action be dismissed based on Plaintiff’s failure
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to state any claims upon which relief may be granted. (ECF No. 17.) However, on the same
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The docket entry reflects a due date of 5/30/2014.
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(ECF No. 15.)
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date, Plaintiff filed a motion requesting a forty-five (45) day extension of time to file his
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amended complaint. The motion was dated May 22, 2014, which was before the deadline to file
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any amended complaint, but was not received and entered on the Court’s docket until June 6.
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2014. In his moving papers, Plaintiff explains that he requires additional time to amend his
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complaint due to his medical condition and hospitalization.
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The Court finds good cause to vacate the findings and recommendations and to grant the
requested extension of time. Accordingly, IT IS HEREBY ORDERED as follows:
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1. The Findings and Recommendations issued on June 6, 2014, are VACATED;
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2. Plaintiff’s motion for a forty-five (45) day extension of time to file his amended
complaint is GRANTED; and
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3. Plaintiff’s amended complaint, if any, shall be filed on or before July 24, 2014.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 9, 2014
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A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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