Weathington v. Kramer et al

Filing 4

ORDER Extending Time to File First Amended Complaint signed by Magistrate Judge Gary S. Austin on 11/26/2014. Amended Complaint due by 1/6/2015.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY WEATHINGTON,

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Plaintiff,

1:14-cv-01520 AWI-GSA-PC
ORDER EXTENDING TIME TO FILE
FIRST AMENDED COMPLAINT

vs.
DEADLINE: JANUARY 6, 2015
NORM KRAMER, et al.,
Defendants.

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Anthony Weathington (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983.

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commencing this action was filed by Plaintiff and fifteen co-plaintiffs on June 18, 2014. (Doc.

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1.) On September 26, 2014, the court issued an order severing the plaintiffs’ claims, opening

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nineteen new cases, and ordering Plaintiff and each co-plaintiff to file a First Amended

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Complaint in his own action within thirty days. (Doc. 41.)

The Complaint

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The thirty-day deadline has expired, and Plaintiff has not filed an amended complaint in

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this case. However, in the interim, Plaintiff and his former co-plaintiffs filed a motion for

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reconsideration in case 1:14-cv-00939-AWI-GSA-PC, which raised questions about the status

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of the plaintiffs’ cases and whether they would be required to file amended complaints in their

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own cases.1 The motion for reconsideration is now resolved, and Plaintiff is required to file a

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On November 17, 2014, in case 1:14-cv-00939-AWI-GSA-PC , Plaintiff and the fifteen former
co-plaintiffs filed a motion for reconsideration of the court’s orders denying the appointment of counsel and class
action certification. (1:14-cv-00939, Doc. 44.) On November 25, 2014, the motion for consideration was denied.
(1:14-cv-00939, Doc. 45.)
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First Amended Complaint in this case, pursuant to the court’s order of September 26, 2014. At

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this juncture, good cause appearing, Plaintiff shall be granted an extension of time in which to

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file the First Amended Complaint.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1.

Plaintiff is GRANTED an extension of time until January 6, 2015, to file a

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First Amended Complaint in this action, pursuant to the court’s order of

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September 26, 2014; and

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2.

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Plaintiff’s failure to comply with the court’s order shall result in the dismissal of
this case.

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IT IS SO ORDERED.
Dated:

November 26, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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