Jason Allan Singer v. Matthew Braman et al
ORDER VACATING 14 Findings and Recommendations Entered on July 31, 2017, signed by Magistrate Judge Erica P. Grosjean on 9/7/17. Amended Complaint due by 10/6/2017. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JASON ALLAN SINGER,
ORDER VACATING FINDINGS AND
Plaintiff, ON JULY 31, 2017
(ECF Nos. 11, 14, 15.)
MATTHEW BRAMAN, et al.
Plaintiff Jason Allan Singer, appearing pro se and in forma pauperis, filed a Complaint
on May 18, 2017. (ECF No. 1.) The Complaint alleges violations of 42 U.S.C. § 1983 against
Defendants Downtowner Inn in Bakersfield, California; Matthew Braman, the night manager of
the Downtowner Inn; Sandy Cartwright, the night clerk at the Downtowner Inn; and Stephany
Munoz, a room cleaner at the Downtowner Inn. Plaintiff alleges that Defendants conspired with
the Bakersfield Police Department to cause him injury. Id.
The Court screened Plaintiff’s complaint pursuant to its authority under 28 U.S.C. §
1915(e)(2). On June 15, 2017, the Court issued an Order dismissing the Complaint with leave
to amend, finding that Plaintiff had failed to state a claim upon which relief could be granted.
(ECF No. 11.) The Order instructed Plaintiff to file an amended complaint on or before July 17,
2017. Id. at 6. The Order also warned, “Failure to file an amended complaint by the date
specified will result in dismissal of this action.” Id. Plaintiff failed to file an amended complaint
by the date specified.
On July 31, 2017, this Court issued a Findings and Recommendations recommending
that this action be dismissed for Plaintiff’s failure to state a claim, failure to prosecute, and
failure to comply with the Court’s June 15, 2017 Order. (ECF No. 14.) The Court instructed
Plaintiff to file written objections within fourteen (14) days after being served with the Findings
and Recommendations. Id. at 3. Plaintiff was served with the Findings and Recommendations
by mail on July 31, 2017. Plaintiff did not file written objections to the Findings and
Now before the Court is Plaintiff’s motion for an extension of time to file an amended
complaint submitted on August 14, 2017. (ECF No. 15.) Plaintiff states that he is currently
researching his legal claims and is requesting an extension in order to properly amend his
Although Plaintiff has consistently failed to meet deadlines and to comply with this
Court’s order, in the interest of justice, this Court shall grant Plaintiff’s request for an extension
of time to file an amended complaint. Plaintiff is directed to file an amended complaint no later
than October 6, 2017. The Court warns, however, that if Plaintiff again fails to file an
amended complaint by the specified date, it will issue a final Findings and Recommendations
recommending the dismissal of this action without further extension.
Accordingly, IT IS HEREBY ORDERED that:
The Findings and Recommendations entered on July 31, 2017 are VACATED;
Plaintiff is granted leave to file an amended complaint on or before October 6,
IT IS SO ORDERED.
September 7, 2017
UNITED STATES MAGISTRATE JUDGE
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