Briscoe, III v. County of Fresno et al

Filing 25

ORDER GRANTING IN PART PLAINTIFF'S THIRD REQUEST TO EXTEND TIME TO FILE AMENDED COMPLAINT, 24 . Plaintiff is granted ninety (90) days from May 8, 2018, in which to file his amended complaint. Order signed by Magistrate Judge Sheila K. Oberto on 4/17/2018. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES ROBERT BRISCOE, III,

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Plaintiff,

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v.
RICHARD MADRID, et al.,
Defendants.

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Case No. 1:17-cv-0716-DAD-SKO
ORDER GRANTING IN PART
PLAINTIFF’S THIRD REQUEST TO
EXTEND TIME TO FILE AMENDED
COMPLAINT
/ (Doc. 24)

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Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. '

16 1983 (“Section 1983”). On April 12, 2018, Plaintiff filed his second motion to extend time to file
17 his amended complaint in compliance with the screening order entered on January 26, 2018.
18 (Doc. 24.) Plaintiff’s amended complaint is currently due May 8, 2018, pursuant to two prior
19 enlargements of time. (See Docs. 17 & 21.) Plaintiff requests an additional extension of 180 days,
20 or a minimum of 120 days, in which to file his amended complaint on grounds that he has a
21 physical disability that makes it difficult for him to write and confines him to a wheelchair. (Id. at
22 2.) Plaintiff further contends that his ability to perform legal research is hindered because he has
23 to depend on the physical assistance of others to transport him to the law library and the limited
24 number of “kiosks” in the law library on which to conduct research. (Id. at 2–3.) Plaintiff states
25 that “[f]rom 02/27/2018 to 04/08/2018, [he] has only been allotted use of the law library on ‘4’
26 occasions for 2hrs each time and on only one of those occasions was able to research law on the
27 kiosk.” (Id. at 3.)
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While good cause exists to grant Plaintiff a third extension of time in which to file his

2 amended complaint, the Court again finds that an extension of 180 days is excessive. The Court’s
3 January 26, 2018, screening order set forth the clear legal standards by which the claims alleged in
4 Plaintiff’s amended complaint will be evaluated. In view of these clear standards, which have
5 been provided to Plaintiff on multiple occasions (most recently on March 19, 2018, see Doc. 21),
6 there is simply no need for extensive legal research. Therefore, in view of that good cause has
7 been shown, the Court grants one last and final extension of 90 days so that Plaintiff may prepare
8 an amended complaint that attempts to state a cognizable claim under Section 1983. Plaintiff is
9 advised that any further requests for extensions of time shall be supported by good cause other
10 than that already presented to the Court in prior requests.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff is granted ninety (90) days from

12 May 8, 2018, in which to file his amended complaint.
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IT IS SO ORDERED.

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April 17, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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