Kyle Steven Martin v. Sandra Pennywell et al

Filing 12

ORDER DISCHARGING 8 Order to Show Cause and DENYING 11 Motion for Extension for Extension of Time as Moot, signed by Magistrate Judge Michael J. Seng on 11/26/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KYLE STEVEN MARTIN,

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Plaintiff,

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v.
SANDRA PENNYWELL, et al.,

CASE No. 1:13-cv-01281-MJS
ORDER DISCHARGING ORDER TO
SHOW CAUSE AND DENYING MOTION
FOR EXTENSION OF TIME AS MOOT
(ECF Nos. 8 & 11)

Defendants.

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Plaintiff Kyle Steven Martin is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. (ECF No. 5.) On August 30, 2013, Plaintiff’s

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Complaint was screened and dismissed, with leave to amend, for failure to state a

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cognizable claim. (ECF No. 7.) Plaintiff’s was given thirty days to file an amended

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pleading. The deadline passed without Plaintiff filing an amended complaint or a request

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for an extension of time to do so.

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On October 28, 2013, the Court issued an order requiring Plaintiff to show cause

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within fourteen days why his case should not be dismissed for failure to comply with the

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Court’s August 30, 2013 order. (ECF No. 8.)

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On November 6, 2013, Plaintiff filed an amended complaint and a motion seeking

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an extension of time to comply with any outstanding deadlines. Filing the First Amended

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Complaint satisfied Plaintiff’s only outstanding deadline in this case. The Motion for
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Extension of Time is therefore moot and subject to denial on that basis. Fed. R. Civ. P

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6(b); Local Rules 144, 230.

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Accordingly, for good cause shown IT IS HEREBY ORDERED that:

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The October 28, 2013 Order to Show Cause (ECF No. 8) is discharged;

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Plaintiff’s Motion for Extension of Time (ECF No. 11) is denied as moot.

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and

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IT IS SO ORDERED.
Dated:

November 26, 2013

/s/

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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Michael J. Seng

ci4d6

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