Poslof v. CA Dept of Corrections and Rehabilitations, et al

Filing 19

ORDER Granting Plaintiff 18 Extension of Time to File Amended Complaint and Denying Plaintiff's Request for Clarification signed by Magistrate Judge Stanley A. Boone on 06/09/2014. Amended Complaint due by 7/14/2014. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LONNIE LEE POSLOF, Sr., 12 13 14 Plaintiff, v. CDCR, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-01935-SAB (PC) ORDER GRANTING PLAINTIFF EXTENSION OF TIME TO FILE AMENDED COMPLAINT AND DENYING PLAINTIFF’S REQUEST FOR CLARIFICATION [ECF No. 18] Plaintiff Lonnie Lee Poslof, Sr. is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On April 30, 2014, the Court dismissed Plaintiff’s complaint for failure to state a claim upon 20 which relief may be granted under section 1983. Plaintiff was directed to file an amended complaint 21 within thirty days from the date of service of that order. 22 On May 19, 2014, Plaintiff filed a motion entitled “Motion for Leave to file Amended 23 Complaint.” Within the motion, Plaintiff requests an extension of time to file an amended complaint 24 and requests clarification in “layman” terms the reasoning of the Court’s April 30, 2014, order. The 25 Court shall grant Plaintiff’s request for an extension of time to file an amended complaint and deny his 26 request for clarification. 27 28 1 1 I. 2 DISCUSSION 3 A. 4 Good cause having been presented to the Court Plaintiff’s motion for an extension of time shall 5 Motion for Extension of Time be granted. 6 II. Motion for Clarification 7 Plaintiff’s motion for clarification seeks an advisory opinion which this Court may not issue. 8 See Flast v. Cohen, 392 U.S. 83, 96 (1968). Plaintiff is directly to closely review the Court’s April 30, 9 2014, order dismissing the complaint with leave to amend, which sets forth in detail the applicable 10 legal standards necessary to state a claim for relief under section 1983. 11 II. 12 ORDER 13 Based on the foregoing, 14 IT IS HEREBY ORDERED that: 15 1. an amended complaint; and 16 17 Plaintiff is granted thirty (30) days from the date of service of this order in which to file 2. Plaintiff’s motion for clarification is denied. 18 19 20 21 IT IS SO ORDERED. Dated: June 9, 2014 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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