Anderson v. Krpan et al
Filing
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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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