Alvarez v. Hashemi

Filing 24

ORDER Deeming 16 Defendant's Motion for More Definite Statement WITHDRAWN; ORDER GRANTING Defendant's Request for an Extension of Time to File a Response Nunc Pro Tunc; and ORDER Directing Clerk of Court to File the Version of Plaintiff's Complaint (Doc. 18 , pages 4-15) Which Shall be Substituted in Place of Doc. 1 signed by Magistrate Judge Sheila K. Oberto on 10/2/2016. (Jessen, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

RAUL ALVAREZ,

11

Plaintiff,

12

v.

13

DR. NASTRAN HASHEMI,

14

Defendant.

15

Case No. 1:16-cv-00203-AWI-SKO (PC)
ORDER ON WITHDRAWAL OF MOTION
FOR PLAINTIFF TO PROVIDE A MORE
DEFINITE STATEMENT; GRANTING
EXTENSION OF TIME TO FILE ANSWER
NUNC PRO TUNC; and GRANTING
REQUEST TO SUBSTITUTE COPY OF
COMPLAINT
(Docs. 16, 18)

16
Plaintiff, Raul Alvarez, is a state prisoner, proceeding pro se and in forma pauperis in this

17
18

civil rights action under 42 U.S.C. § 1983. On July 11, 2016, Defendant filed a motion for more

19

definite state from Plaintiff because in the process of scanning for filing on the docket, the last

20

few lines of various pages of the Complaint were not captured. (Doc. 16.) On August 3, 2016,

21

Defendant, acknowledged receipt of a full copy of the Complaint from Plaintiff, filed a notice of

22

withdrawal of the motion for more definite statement, requested an extension of time to respond

23

to the Complaint, and submitted a complete copy of the Complaint with the request that it be

24

scanned and substituted in place of the Complaint (Doc. 1) on the docket in this action. (Doc.

25

18.)

26

Accordingly, it is HEREBY ORDERED that:

27

1. Defendant’s motion for more definite statement, filed on July 11, 2016, is deemed

28

WITHDRAWN;
1

2. Defendant’s request for an extension of time to file a response1 to the Complaint is

1
2

GRANTED nunc pro tunc; and
3. The Clerk of the Court is directed to file the version of Plaintiff’s Complaint found at

3
4

pages 4-15 of Doc. 18 which shall be substituted in place of Doc. 1.

5
6
7

IT IS SO ORDERED.
Dated:

October 2, 2016

/s/

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Sheila K. Oberto

1

Defendant filed an answer on August 25, 2016. (Doc. 20.)

2

.