Shehee v. Perez et al

Filing 45

ORDER Granting Plaintiff's Motion for Extension of Time to File Service Documents signed by Magistrate Judge Barbara A. McAuliffe on 05/08/2018. Service Documents Deadline: 6/11/2018.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, 13 14 v. FAITH PEREZ, et al., 15 Defendants. Case No. 1:16-cv-01346-AWI-BAM (PC) ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO FILE SERVICE DOCUMENTS (ECF No. 44) THIRTY (30) DAY DEADLINE 16 Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former county jail inmate proceeding pro se 17 18 in this civil rights action pursuant to 42 U.S.C. § 1983. On February 23, 2018, Plaintiff notified the Court of his willingness to proceed only the 19 20 claims found cognizable in his first amended complaint. (ECF No. 38.) Pursuant to that notice 21 and the screening of the first amended complaint pursuant to 28 U.S.C. § 1915A, on February 28, 22 2018, the Court directed Plaintiff to submit service documents for Defendants Perez and Lain 23 within thirty (30) days. (ECF No. 40.) The Court further issued findings and recommendations 24 to dismiss the remaining claims and defendants from this action, and directed Plaintiff to file any 25 objections within fourteen (14) days. (ECF No. 39.) Thereafter, Plaintiff filed two notices of 26 change of address, and the Court extended the deadlines for Plaintiff to submit service documents 27 and to file any objections to the pending findings and recommendations. (ECF No. 42.) 28 /// 1 1 Currently before the Court is a notice filed by Plaintiff on May 3, 2018. (ECF No. 44.) 2 Plaintiff states that he has been released to Lancaster, California, but is currently homeless. 3 Plaintiff further states that his parole officer is in possession of his legal documents, including the 4 completed service documents. Plaintiff requests a thirty-day extension of time so he can obtain 5 the documents and a copy of the complaint from his parole officer and return them to the Court. 6 (Id.) 7 Having considered the request, the Court finds good cause to allow Plaintiff a further 8 extension of time to file service documents in this matter. However, in light of Plaintiff’s prior 9 willingness to proceed only on the claims found cognizable in his first amended complaint, and 10 Plaintiff’s failure to address the issue in the instant notice, the Court will not extend the deadline 11 for Plaintiff to file objections to the pending findings and recommendations. 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. Plaintiff’s motion for an extension of time to submit service documents, (ECF No. 44), 14 is GRANTED; 15 2. Plaintiff’s completed service documents for Defendants Lain and Perez, as discussed 16 in the Court’s February 28, 2018 order, are due within thirty (30) days from the date 17 of service of this order; and 18 3. Plaintiff’s failure to comply with this order will result in dismissal of this action 19 for failure to obey a court order and failure to prosecute. 20 21 22 IT IS SO ORDERED. Dated: /s/ Barbara May 8, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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