Bennett v. Asuncion, et al.

Filing 20

ORDER (1) GRANTING 14 Motion for Extension of Time; and (2) DENYING 14 Motion for Attorney's Fees and Costs; Thirty-Day Deadline signed by Magistrate Judge Michael J. Seng on 6/19/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID BENNETT,

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Plaintiff,
v.

CASE No. 1:16-cv-1749-MJS (PC)
ORDER
(1) GRANTING MOTION FOR
EXTENSION OF TIME; AND

DEBBIE ASUNCION, et al.,
Defendants.

(2) DENYING MOTION FOR
ATTORNEY’S FEES AND COSTS
(ECF NO. 14)
THIRTY-DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a

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magistrate judge. No other parties have appeared in this action.

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On January 9, 2017, Plaintiff’s complaint was dismissed with leave to amend.

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(ECF No. 6.) Plaintiff has now filed his third motion for extension of time to file an

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amended complaint. (ECF No. 14.) Good cause appearing, one final extension of time

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will be granted. There shall be no further extensions of time without a showing of new,

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and presently unforeseeable, circumstances showing good cause for same.

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Plaintiff has also requested reimbursement of attorney’s fees and costs for the

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time and effort he has expended on this case thus far. Since Plaintiff is proceeding in pro

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per, there is no indication that he is an attorney, there is no viable complaint, and there

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is no stated basis for an award of such fees and costs, his request will be denied.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s third motion for extension of time (ECF No. 14) is GRANTED.

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Plaintiff shall file an amended pleading within thirty days from the date of this

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Order; and

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2. Plaintiff’s motion for attorney’s fees and costs is DENIED.

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IT IS SO ORDERED.
Dated:

June 19, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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