Salazar v. Kokor et al

Filing 16

ORDER discharging 14 Order to Show Cause and granting 15 Motion for Extension of Time to file amended complaint signed by Magistrate Judge Michael J. Seng on 6/11/2015. (Amended Complaint due by 8/14/2015).(Lundstrom, T)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

EFRAIN SALAZAR,

11
12
13
14

Plaintiff,

CASE NO. 1:14-cv-00211-MJS (PC)
ORDER DISCHARGING ORDER
SHOW CAUSE (ECF No. 14)

TO

v.
DR. KOKOR, et al.,
Defendants.

ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF No. 15)
SIXTY (60) DAY DEADLINE

15
16
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
17

rights action brought pursuant to 42 U.S.C. § 1983. On April 27, 2015, Plaintiff’s second

18
amended complaint was dismissed for failure to state a claim, but he was given leave to
19
amend. (ECF No. 13.) The thirty day deadline amendment deadline passed without
20
Plaintiff either filing an amended pleading or seeking an extension of time to do so.
21
Accordingly, on June 9, 2015, the Court ordered Plaintiff to show cause why the
22
action should not be dismissed with prejudice for failure to obey a court order and failure
23
to prosecute. (ECF No. 14.) On June 10, 2015, Plaintiff filed a motion for a sixty day
24
extension of time to file his amended complaint. (ECF No. 15.) Plaintiff states that he
25
asked his attorney to file an amended complaint, and expected that the attorney would
26
do so, but the attorney did not.
27
Plaintiff has presented good cause for discharging the order to show cause and
28

1

granting an extension of time. Accordingly, the order to show cause (ECF No. 14) is

2

HEREBY DISCHARGED. Plaintiff’s motion for extension of time (ECF No. 15) is

3

HEREBY GRANTED. Plaintiff is granted sixty days from the date of this order in which to

4

file an amended complaint.

5

If Plaintiff fails to file an amended complaint in compliance with this order, the

6

action will be dismissed, with prejudice, for failure to state a claim and failure to comply

7

with a court order, subject to the “three strikes” provision set forth in 28 U.S.C. § 1915(g).

8
9
10

IT IS SO ORDERED.
Dated:

June 11, 2015

/s/

11

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2