Rivera v. Davey et al

Filing 17

ORDER vacating 15 FINDINGS AND RECOMMENDATIONS; granting 16 Motion for Extension of Time to file amended complaint signed by Magistrate Judge Barbara A. McAuliffe on 1/16/2018. Amended Complaint due within 30-Days.(Lundstrom, T)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

RICKY RIVERA,

10
11
12
13

Case No.: 1:16-cv-01817-AWI-BAM (PC)
Plaintiff,

v.
DAVE DAVEY, et al.,
Defendants.

14

ORDER VACATING FINDINGS AND
RECOMMENDATIONS
(ECF No. 15)
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE AMENDED
COMPLAINT WITHIN THIRTY DAYS
(ECF No. 16)

15
16
17

Plaintiff Ricky Rivera is a state prisoner proceeding pro se and in forma pauperis in this
civil action pursuant to 42 U.S.C. § 1983.

18

On January 10, 2018, the Court issued findings and recommendations to dismiss this

19

action, with prejudice, for the failure to state a claim, failure to obey a court order, and failure to

20

prosecute, based on Plaintiff’s failure to state a cognizable claim in his complaint and failure to

21

file any amended complaint despite being granted leave to amend. (ECF No. 15.)

22

Currently before the Court is Plaintiff’s request for an extension of time to file an

23

amended complaint, filed on January 12, 2018. (ECF No. 16.) Plaintiff seeks an extension of time

24

based on holiday law library closures which limited his ability to work on an amended pleading.

25

Plaintiff’s motion attaches a proof of service stating it was delivered to prison officials for

26

mailing on December 20, 2017, although the Court did not receive the mailing until January 12,

27

2018. The mailing delay may have been caused by the holidays, and thus the Court does not find

28

undue delay or bad faith by Plaintiff here.

1

For good cause shown, it is HEREBY ORDERED that:

2

1.

3
4
5
6
7

The findings and recommendations issued on January 10, 2018 (ECF No. 15), are

vacated;
2.

Within thirty (30) days from the date of service of this order, Plaintiff shall file an

amended complaint;
3.

No extension of time of the deadline set in this order shall be granted absent a

request showing good cause filed before the expired deadline.

8
9
10

IT IS SO ORDERED.
Dated:

/s/ Barbara

January 16, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2