Reid v. United States of America et al

Filing 36

ORDER Granting Plaintiff's Second Motion For Extension Of Time (ECF No. 35 ); And Granting Plaintiff's Motion For Copy Of First Amended Complaint (ECF No. 34 ), signed by Magistrate Judge Michael J. Seng on 9/1/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GORDON C. REID,

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Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

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CASE NO. 1:14-cv-1163-LJO-MJS (PC)
ORDER GRANTING PLAINTIFF’S
SECOND MOTION FOR EXTENSION OF
TIME (ECF NO. 35); AND
GRANTING PLAINTIFF’S MOTION FOR
COPY OF FIRST AMENDED COMPLAINT
(ECF NO. 34)

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Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this civil

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rights and tort action brought pursuant to Bivens v. Six Unknown Named Agents, 403

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U.S. 388 (1971) and the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. On

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July 28, 2015, the undersigned screened Plaintiff’s First Amended Complaint and issued

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an order directing Plaintiff to either file a second amended complaint or notify the Court

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of his willingness to proceed only on a cognizable First Amendment claim against

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Defendant Ontiveroz. (ECF No. 31.)

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Plaintiff thereafter filed a motion for extension of time to file a motion for

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reconsideration of the undersigned’s screening order. (ECF No. 35.) Plaintiff sought an

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extension because he was awaiting receipt of his personal property, including his legal

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file, following transfer to another institution. Plaintiff’s motion was granted on August 31,

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2015 (ECF No. 33), and Plaintiff was directed to file a motion for reconsideration on or

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before September 5, 2015.

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Plaintiff has now filed a second motion for extension of time (ECF No. 35), as well

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as a motion for a copy of his first amended complaint (ECF No. 34). It appears that

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Plaintiff has received his personal property, but some documents in his legal file,

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including his copy of the operative pleading in this action, that are necessary to his

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anticipated motion for reconsideration, are missing.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s second motion for extension of time (ECF No. 35) is GRANTED;

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2. Plaintiff’s motion for a copy of the first amended complaint (ECF No. 34) is

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GRANTED;
3. Plaintiff shall file a motion for reconsideration on or before September 25,

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2015; and
4. The Clerk of Court shall send Plaintiff a copy of his First Amended Complaint

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(ECF No. 28).

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IT IS SO ORDERED.
Dated:

September 1, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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