Weathington v. Kramer et al

Filing 5

SECOND ORDER Extending Time to File First Amended Complaint, signed by Magistrate Judge Gary S. Austin on 2/19/15: Deadline EXTENDED to March 30, 2015. (Hellings, J)

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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
SECOND ORDER EXTENDING TIME TO
FILE FIRST AMENDED COMPLAINT

vs.
DEADLINE: MARCH 30, 2015
NORM KRAMER, et al.,
Defendants.

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Anthony Weavington (“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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2.) On September 26, 2014, the court issued an order severing the plaintiffs’ claims, opening

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new cases for the co-plaintiffs, and ordering Plaintiff and each co-plaintiff to file a First

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Amended Complaint in his own action within thirty days. (Doc. 1.) On November 26, 2014,

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Plaintiff was granted an extension of time until January 6, 2015 in which to file the First

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Amended Complaint. (Doc. 4.)

The Complaint

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On December 12, 2014, Plaintiff and fifteen co-plaintiffs filed two appeals to the Ninth

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Circuit court of appeals, which were assigned case numbers #14-17453 and #14-17456. (See

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case 1:14-cv-00939-AWI-GSA-PC, Docs. 47, 48.) On January 12, 2015, the Ninth Circuit

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dismissed the appeals for lack of jurisdiction. (Id., Doc. 53.) On February 5, 2015, the Ninth

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Circuit entered the mandate. (Id., Doc. 54.)
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Plaintiff’s appeals are now resolved, and Plaintiff is required to file a First Amended

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Complaint in this case, pursuant to the court’s order of September 26, 2014. At this juncture,

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good cause appearing, Plaintiff shall be granted an extension of time in which to file the First

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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 March 30, 2015, to file a First

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

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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:

February 19, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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