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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID BENNETT, 12 13 14 15 16 17 18 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 19 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights 20 action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a 21 magistrate judge. No other parties have appeared in this action. 22 On January 9, 2017, Plaintiff’s complaint was dismissed with leave to amend. 23 (ECF No. 6.) Plaintiff has now filed his third motion for extension of time to file an 24 amended complaint. (ECF No. 14.) Good cause appearing, one final extension of time 25 will be granted. There shall be no further extensions of time without a showing of new, 26 and presently unforeseeable, circumstances showing good cause for same. 27 28 1 1 Plaintiff has also requested reimbursement of attorney’s fees and costs for the 2 time and effort he has expended on this case thus far. Since Plaintiff is proceeding in pro 3 per, there is no indication that he is an attorney, there is no viable complaint, and there 4 is no stated basis for an award of such fees and costs, his request will be denied. 5 Based on the foregoing, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s third motion for extension of time (ECF No. 14) is GRANTED. 7 Plaintiff shall file an amended pleading within thirty days from the date of this 8 Order; and 9 2. Plaintiff’s motion for attorney’s fees and costs is DENIED. 10 11 12 13 IT IS SO ORDERED. Dated: June 19, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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