Infinity v. Ho et al

Filing 18

ORDER GRANTING 16 Plaintiff's Motion for Extension of Time to File Amended Complaint and ORDER DENYING 16 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 11/20/2013. Amended Complaint due within sixty (60) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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INFINITY,

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CASE No. 1:13-cv-01331-MJS
Plaintiff,

ORDER GRANTING MOTION FOR AN
EXTENSION OF TIME AND DENYING
MOTION
FOR
APPOINTMENT
OF
COUNSEL

v.
CHEN HO, et al.,

(ECF No. 16)

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Defendants.

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Plaintiff Infinity is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) On November 18, 2013,

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Plaintiff filed a motion seeking a sixty day extension of time and the appointment of

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counsel.

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arthritis and a disk disease for which he takes strong narcotics. The pain and side

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effects make writing and thinking very difficult. (Id. at 1.)

(ECF No. 16.)

Plaintiff contends that he has progressively degenerative

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On November 19, 2013, Attorney Benjamin Pavone joined Plaintiff’s request for

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an extension of time. (ECF No. 17.) Mr. Pavone seeks additional time to formally

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appear on behalf of Plaintiff and address the Court’s October 30, 2013 Screening Order.

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Good cause having been presented to the Court, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s Motion to extend time to file an amended complaint is GRANTED

such that Plaintiff shall file his amended pleading within sixty (60) days following service
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of this order; and
2.

Plaintiff’s Motion for Appointment of Counsel is DENIED as moot since he

is in the process of retaining private counsel.

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IT IS SO ORDERED.
Dated:

November 20, 2013

/s/

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UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

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