Flores v. Chiles Bar And Grill et al

Filing 33

ORDER Reissuing Magistrate Judge's October 9, 2015 30 ; ORDER GRANTING Extension of Time to File a Third Amended Complaint, signed by District Judge Dale A. Drozd on 12/11/2015.( Amended Complaint due by 1/30/2016) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MOSES FLORES,

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No. 1:13-cv-01783-DAD-EPG

Plaintiff,
v.

ORDER REISSUING MAGISTRAGTE
JUDGE’S OCTOBER 9,2015 ORDER

CHILES BAR AND GRILL, ET AL.,
(Doc. No. 30)
Defendants.

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Plaintiff Moses Flores filed this civil rights action pursuant to 42 U.S.C. § 1983 on

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November 4, 2013. (Doc. No. 1.) On June 17, 2014, the then assigned Magistrate Judge issued

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an order dismissing plaintiff’s original complaint with leave to amend. (Doc. No. 7.) On January

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28, 2015, plaintiff filed a First Amended Complaint. (Doc. No. 18.) After being granted a

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motion for extension of time, plaintiff filed a Second Amended Complaint which the then

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assigned Magistrate Judge again dismissed with leave to amend. (Doc. Nos. 25, 26, 28.) On

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October 5, 2015, plaintiff filed another motion for extension of time in which to comply with the

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court’s order and also included a notice of change of address to “1112 E. Tulare St, Visalia, CA

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93277.” (Doc. No. 29.) On October 9, 2015, the then assigned Magistrate Judge granted

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plaintiff’s request for extension of time, provided Flores with until November 30, 2015 to file any

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Third Amended Complaint he wished to pursue, and advised him that any failure to file a Third

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Amended Complaint would result in the dismissal of this action. (Doc. No. 30.) The Magistrate
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Judge’s order, however, was returned by the U.S. Postal Service as undeliverable. The Court has

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since discovered that plaintiff’s new address was incorrectly entered on the docket as “112 E.

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Tulare, Visalia, CA 93277.” Consequently, to afford plaintiff proper notice, the Court will

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reissue the Magistrate Judge’s October 9, 2015 order and provide plaintiff with additional time to

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file a Third Amended Complaint in this action. The Court will also reattempt service of the

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subsequent orders reassigning this action to Magistrate Judge Erica P. Grosjean (Doc. No. 31) and

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to District Judge Dale A. Drozd (Doc. No. 32).

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Accordingly,
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to “1112 E. Tulare St, Visalia, CA 93277.”

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The Clerk of the Court is directed to correct plaintiff’s address of record on the docket

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The Clerk of the Court is directed to reattempt service of the orders reassigning the

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action to Magistrate Judge Erica P. Grosjean (Doc. No. 31) and to District Judge Dale

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A. Drozd (Doc. No. 32).

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3)

Plaintiff’s Motion for an Extension to file a Third Amended Complaint (Doc. 29) is

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GRANTED. Plaintiff shall file the Third Amended Complaint no later than January

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30, 2016. Plaintiff is advised that future Motions to Extend will be looked upon with

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disfavor. Plaintiff is also advised that failure to file the Third Amended Complaint by

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January 30, 2016 will result in dismissal of this action.

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IT IS SO ORDERED.

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Dated:

December 11, 2015
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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