Anderson v. Krpan et al

Filing 13

ORDER VACATING Order to Show Cause and GRANTING Extension of Time to File Amended Complaint 11 , 12 , signed by Magistrate Judge Michael J. Seng on 12/31/14: Thirty (30)Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHAWN ANDERSON,

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Plaintiff,
v.
CHRIS KRPAN, et al.,
Defendants.

CASE NO. 1:14-cv-1380-MJS (PC)
ORDER VACATING ORDER TO SHOW
CAUSE AND GRANTING EXTENSION OF
TIME TO FILE AMENDED COMPLAINT
(ECF Nos. 11, 12)
THIRTY (30) DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.

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The Court screened Plaintiff’s complaint (ECF No. 1) and dismissed it for failure to

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state a claim, but gave leave to amend (ECF No. 5.) Plaintiff’s first amended complaint

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was stricken because it was not signed. (ECF No. 9, 10.) Plaintiff was ordered to file a

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signed amended pleading within thirty days, but failed to do so. (ECF No. 10.)

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Accordingly, on December 10, 2014, the Court ordered Plaintiff to file an amended

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pleading or show cause why the action should not be dismissed. (ECF No. 11.) Plaintiff

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responded to the order to show cause by stating that he had been rehoused in

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administrative segregation without his legal materials. He requested additional time to

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file an amended pleading.

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Based on the foregoing, it is HEREBY ORDERED that:

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1. The order to show cause (ECF No. 11), filed December 10, 2014, is

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discharged;

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2. Plaintiff shall file a signed, amended pleading within thirty (30) days of the

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date of service of this order; and

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3. If Plaintiff fails to file a signed amended pleading in compliance with this

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order, the undersigned will recommend that the action be dismissed, with

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prejudice, for failure to state a claim and failure to prosecute, subject to the

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“three strikes” provision set forth in 28 U.S.C. § 1915(g). Silva v. Di Vittorio,

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658 F.3d 1090, 1098 (9th Cir. 2011).

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IT IS SO ORDERED.
Dated:

December 31, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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