Alvarez v. Chavarria et al

Filing 6

ORDER GRANTING Plaintiff's Request for Extension of Time to File a First Amended Complaint 5 ; ORDER DIRECTING Plaintiff to 1) Submit Application to Proceed in Forma Pauperis OR Pay Filing Fee Within Thirty Days; and 2) File First Amended Compl aint Within Thirty Days; Clerk of Court to Send Plaintiff: 1) Blank Civil Rights Complaint Form; 2) Application to Proceed in Forma Pauperis for a Prisoner; and 3) Copies of ECF Nos. 1 and 4 , signed by Magistrate Judge Michael J. Seng on 9/21/16. (Attachments: # 1 Amended Complaint - blank form, # 2 IFP Application -blank form)(Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Case No.: 1:16-cv-00067----MJS JUAN CARLOS ALVAREZ, ORDER GRANTING PLAINTIFF’S REQUEST FOR EXTENSION OF TIME TO FILE A FIRST AMENDED COMPLAINT Plaintiff, v. ALEX CHAVARRIA, et al., (ECF NO. 5) Defendants ORDER DIRECTING PLAINTIFF TO: 1) SUBMIT APPLICATIONTO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN THIRTY DAYS; AND 2) FILE FIRST AMENDED COMPLAINT WITHIN THIRTY DAYS 14 15 16 17 THIRTY (30) DAY DEADLINE 18 CLERK OF COURT TO SEND PLAINTIFF: 1) BLANK CIVIL RIGHTS COMPLAINT FORM; 2) APPLICATION TO PROCEED IN FORMA PAUPERIS FOR A PRISONER; 3) COPIES OF ECF NOS. 1 AND 4 19 20 21 22 23 24 25 26 Plaintiff, who is currently incarcerated at High Desert State Prison in Susanville, California, proceeds pro se in a civil rights action pursuant to 42 U.S.C. ' 1983. 27 On January 15, 2016, Plaintiff filed a civil rights complaint. (ECF No. 1.) In a May 28 23, 2016, order, the Court screened and dismissed Plaintiff’s complaint with thirty days 1 1 leave to amend. (ECF No. 4.) 2 Plaintiff has not yet paid the filing fee or submitted an application to proceed in 3 forma pauperis pursuant to 28 U.S.C. ' 1915. Accordingly, the Court ordered Plaintiff to 4 submit an application to proceed in forma pauperis or pay the filing fee in full within forty- 5 five days. (ECF No. 3.) 6 7 On June 3, 2016, both of the above orders were returned to the Clerk of Court as undeliverable. 8 On August 11, 2016, Plaintiff filed a document styled as a “Motion for 9 Reconsideration.” (ECF No. 5.) It does not seek reconsideration of any order of the 10 Court; it asks for a “renewed and reinstated” time for amending his complaint. The Court 11 therefore construes this as a motion for an extension of time. 12 Plaintiff avers that in March 2016, he was transferred from the Kings County Jail 13 in Hanford, California to Wasco State Prison in Wasco, California, at which time he 14 submitted a change of address form to the Court reflecting this transfer. The Court has 15 no record of such a form. 16 17 18 19 20 21 Plaintiff further states that on June 2, 2016, he was transferred to High Desert State Prison in Susanville, California, where he remains incarcerated. On August 3, 2016, Plaintiff learned, “through an attorney,” of the two orders discussed above. Plaintiff denies ever having received a copy of these orders. Plaintiff now asks for another copy of the order dismissing Plaintiff’s first complaint and for an additional thirty days to amend. 22 Good cause having been shown, the Court will grant Plaintiff thirty days from the 23 date of this order to file a first amended complaint. Plaintiff must also comply with the 24 requirements set forth below. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s motion for an extension of time to file a first amended complaint 27 28 (ECF No. 5) is GRANTED; 2. Plaintiff must file his first amended complaint within thirty days of this order; 2 1 3. Within thirty days of this order, Plaintiff must either: 2 a. Pay the $400.00 filing fee in full; or 3 b. Submit an application to proceed in forma pauperis; 4 4. The Clerk of Court shall send Plaintiff: 5 a. A blank civil rights complaint form; 6 b. An application to proceed in forma pauperis for a prisoner; 7 c. A copy of Plaintiff’s complaint filed January 15, 2016 (ECF No. 1); and 8 d. A copy of ECF No. 4; and 9 5. Plaintiff shall keep the Court and opposing parties informed of his correct 10 address and notify the Court immediately of any changes pursuant to Local 11 Rule 182(f). 12 6. If Plaintiff fails to comply with this order, the undersigned will recommend 13 dismissal of this action for failure to obey a Court order and failure to 14 prosecute. 15 16 17 IT IS SO ORDERED. Dated: September 21, 2016 /s/ 18 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 3

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