Briones v. Pleasant Valley State Prison et al

Filing 30

ORDER GRANTING 28 Motion for Extension of Time Nunc Pro Tunc; ORDER GRANTING 29 Motion to Accept Second Amended Complaint; ORDER VACATING 23 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 2/18/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNNY BRIONES,

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Plaintiff,

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vs.

1:14-cv-00750-LJO-GSA-PC
ORDER GRANTING EXTENSION
TIME NUNC PRO TUNC
(Doc. 28.)

OF

PLEASANT VALLEY STATE PRISON, et ORDER GRANTING MOTION TO ACCEPT
SECOND AMENDED COMPLAINT
al.,
(Doc. 29.)
Defendants.
ORDER FOR CLERK TO FILE SECOND
AMENDED COMPLAINT
(Doc. 29.)

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ORDER VACATING FINDINGS
RECOMMENDATIONS
(Doc. 23.)

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AND

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I.

BACKGROUND
Johnny Briones (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983.)

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commencing this action. (Doc. 1.) On October 10, 2014, Plaintiff filed the First Amended

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Complaint. (Doc. 16.) On October 31, 2014, the court issued an order striking the First

On May 19, 2014, Plaintiff filed the Complaint

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Amended Complaint for lack of Plaintiff’s signature, with leave to amend within thirty days.

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(Doc. 19.) Plaintiff failed to file a Second Amended Complaint within the thirty-day deadline,

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and on December 18, 2014, the court entered findings and recommendations to dismiss this

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case based on Plaintiff’s failure to comply with the court’s order. (Doc. 23.) Plaintiff was

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granted thirty days in which to file objections to the findings and recommendations. (Id.) On

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January 29, 2015, Plaintiff filed objections. (Doc. 26.)

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On January 30, 2015, the court issued an order requiring Plaintiff to file the Second

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Amended Complaint within thirty days. (Doc. 27.) On February 11, 2015, Plaintiff filed a

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motion for extension of time to file the Second Amended Complaint. (Doc. 28.) On February

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13, 2015, Plaintiff submitted the Second Amended Complaint together with a motion for the

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court to accept it. (Doc. 29.)
Now before the court are Plaintiff’s motion for extension of time and motion to accept

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the Second Amended Complaint.

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II.

PLAINTIFF’S MOTIONS

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Plaintiff requests the court to grant him an extension of time to file the Second

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Amended Complaint and to accept the Second Amended Complaint he submitted to the court

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on February 13, 2015. Good cause appearing, Plaintiff’s motions shall be granted. Based on

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this ruling, the findings and recommendations issued on December 18, 2014 are moot and shall

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be vacated.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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is GRANTED nunc pro tunc;

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2.

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Plaintiff’s motion for the court to accept his Second Amended Complaint
submitted on February 13, 2015 is GRANTED;

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3.

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Plaintiff’s motion for extension of time to file the Second Amended Complaint

The Clerk of Court is DIRECTED to file the Second Amended Complaint
submitted on February 13, 2015;

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4.

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The findings and recommendations issued on December 18, 2014 are
VACATED; and

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The court shall screen the Second Amended Complaint in due time.

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IT IS SO ORDERED.
Dated:

February 18, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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