Hall v. Frauenheim et al

Filing 18

ORDER GRANTING Plaintiff One Final Extension of Time to File an Amended Complaint in Compliance With the Court's May 18, 2016, Order signed by Magistrate Judge Stanley A. Boone on 10/7/2016. Amended Complaint due within thirty (30) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD B. HALL, 12 13 14 15 Plaintiff, v. SCOTT FRAUENHEIM, et al., Defendants. 16 17 18 19 20 21 22 23 ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00263-AWI-SAB (PC) ORDER GRANTING PLAINTIFF ONE FINAL EXTENSION OF TIME TO FILE AN AMENDED COMPLAINT IN COMPLIANCE WITH THE COURT’S MAY 18, 2016, ORDER [ECF No. 16] Plaintiff Richard B. Hall is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On July 8, 2016, the Court issued an order to show cause after Plaintiff failed to file an amended complaint in compliance with the Court’s May 18, 2016, order. On August 8, 2016, Plaintiff filed a response to the order to show cause, explaining that health issues delayed his complaint with the court orders. On August 9, 2016, the Court discharged the order to show cause and granted Plaintiff an 24 additional forty-five (45) days to file an amended complaint in compliance with the Court’s May 18, 25 2016, order. The forty-five day period has expired and Plaintiff has not filed an amended complaint. 26 However, on September 20, 2016, Plaintiff filed a declaration in which it appears he is seeking 27 additional time to file an amended complaint. (ECF No. 16.) 28 1 The Court notes that on September 19, 2016, Plaintiff filed a motion for the appointment of 1 2 counsel, which was denied on September 22, 2016. (ECF Nos. 15, 17.) In the interest of justice and based upon a showing of good cause, the Court will grant Plaintiff 3 4 an additional thirty (30) days to file an amended complaint in compliance with the Court’s May 18, 5 2016, order. To the extent Plaintiff seeks further assistance from the Court in filing his amended 6 complaint, Plaintiff is advised that the Court does not issue advisory opinions or provide legal advice. 7 Pro se litigants are obligated to follow the same rules as represented parties, and self-representation is 8 not an excuse for noncompliance with court rules. Plaintiff is also advised that it is a pro se plaintiff’s 9 responsibility to proceed in a manner consistent with the Federal Rules of Civil Procedure, the Court’s 10 Local Rules, and the orders of this Court. Plaintiff is further advised that no further extensions of time 11 will be granted, absent a showing of extraordinary circumstances, not present here. Based on the foregoing, it is HEREBY ORDERED that Plaintiff is granted thirty (30) days 12 13 from the date of service of this order to file an amended complaint. 14 15 IT IS SO ORDERED. 16 Dated: 17 October 7, 2016 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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