Fisher v. Director of OPS of CDCR

Filing 45

ORDER DENYING Plaintiff's 42 Motion to be Heard; ORDER GRANTING Plaintiff's 44 Motion for Extension of Time to Amend his Complaint; Thirty Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 4/1/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY FRANCIS FISHER,
aka Gary Dale Barger,
Plaintiff,
v.
DIRECTOR OF OPS OF CDCR,
Defendant.

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Case No.: 1:14-cv-00901-BAM PC
ORDER DENYING PLAINTIFF’S MOTION TO
BE HEARD
(ECF No. 42)
ORDER GRANTING PLAINTIFF’S MOTION FOR
EXTENSION OF TIME TO AMEND HIS
COMPLAINT
(ECF No. 44)
THIRTY-DAY DEADLINE

Plaintiff Gary Francis Fisher (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on June

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20, 2013, in the Northern District of California. On June 2, 2014, action was reopened and Plaintiff

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was directed Plaintiff to file a complaint. (ECF No. 16.) Plaintiff filed an amended complaint on June

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10, 2014. (ECF No. 18.) On the same date, the matter was transferred to this Court. (ECF No. 19.)

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On March 4, 2015, the Court dismissed Plaintiff’s amended complaint with leave to amend
within thirty days after service. (ECF No. 41.)
On March 16, 2015, Plaintiff filed a document entitled “Motion to Be Heard.” Plaintiff reports
that this is an important case to him and his mail is still an issue. (ECF No. 42.) However, Plaintiff

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does not include any discernable request for relief which can be granted or addressed by the Court.

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Accordingly, Plaintiff’s motion to be heard is HEREBY DISREGARDED.

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On March 30, 2015, Plaintiff filed a document entitled “Request for additional time and to

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augment the record on this case.” Plaintiff appears to request more time on this case because his

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memorandum comes with exhibits, which must be ordered from the court. He asks for an additional

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thirty days. (ECF No. 44.) Although not entirely clear, it appears that Plaintiff is requesting an

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extension of time to obtain documents and amend his complaint. Good cause appearing, Plaintiff’s

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motion for an extension of time to amend his complaint is GRANTED. Plaintiff shall file his amended

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complaint within thirty (30) days from the date of service of this order. Plaintiff is advised that if he

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fails to comply with this order, the Court will dismiss this action for failure to obey a court order and

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for failure to state a claim.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

April 1, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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