Kyle Steven Martin v. Sandra Pennywell et al
Filing
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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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1.
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
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