Mundo v. Carmona et al

Filing 14

ORDER Granting Plaintiff's 12 Motion to Extend Time to File First Amended Complaint; ORDER Granting Motion for Copy of the Complaint; Clerk to Resend ECF Nos. 1 & 10 , signed by Magistrate Judge Michael J. Seng on 3/9/17. Amended Complaint Due Within Sixty Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JONATHAN W. MUNDO, 13 Plaintiff, 14 v. 15 HECTOR CARMONA, et al., 16 Defendants. 1:16-cv-01687-AWI-MJS (PC) ORDER GRANTING PLAINTIFF’S FIRST MOTION TO EXTEND TIME TO FILE FIRST AMENDED COMPLAINT ORDER GRANTING MOTION FOR COPY OF THE COMPLAINT (ECF No. 12) 17 SIXTY DAY DEADLINE 18 CLERK OF COURT TO RESEND ECF NOS. 1 & 10 19 20 21 22 Plaintiff is a prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. ' 1983. 23 On February 27, 2017, the Court screened Plaintiff’s complaint. (ECF No. 10.) 24 Plaintiff was directed to either file an amended complaint or a notice of willingness to 25 proceed on his cognizable claims within thirty days. (Id.) On March 6, 2017, Plaintiff filed 26 the instant motion for a sixty day extension of time to file an amended complaint. (ECF 27 No. 12.) He also asks the Court to resend a copy of his original complaint. 28 1 1 2 3 4 5 6 7 8 9 10 Good cause appearing, those requests will be granted. Typically, an extension of an additional thirty days would be sufficient for a Plaintiff to decide whether to amend and actually to amend if that is his choice. This is especially true here where the court has identified the deficiencies in Plaintiff’s pleading and what is needed to correct them. Inasmuch as the Court is granting the Plaintiff’s request for an extended sixty day extension, it will be Plaintiff’s last extension of time unless some new and presently unforeseeable good cause arises hereafter. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff’s motion for an extension of time (ECF No. 12) is GRANTED; 2. Plaintiff is granted sixty days from the date of service of this order in which to file a first amended complaint; and 11 3. The Clerk of Court is directed to resend Plaintiff a copy of his first complaint 12 (ECF No. 1) and the Court’s first screening order (ECF No. 10). 13 14 IT IS SO ORDERED. 15 16 Dated: March 9, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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