Jason Allan Singer v. Matthew Braman et al

Filing 16

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)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 1:17-cv-00725-DAD-EPG 11 12 JASON ALLAN SINGER, 13 14 15 16 17 ORDER VACATING FINDINGS AND RECOMMENDATIONS ENTERED Plaintiff, ON JULY 31, 2017 v. (ECF Nos. 11, 14, 15.) MATTHEW BRAMAN, et al. Defendants. Plaintiff Jason Allan Singer, appearing pro se and in forma pauperis, filed a Complaint 18 on May 18, 2017. (ECF No. 1.) The Complaint alleges violations of 42 U.S.C. § 1983 against 19 Defendants Downtowner Inn in Bakersfield, California; Matthew Braman, the night manager of 20 the Downtowner Inn; Sandy Cartwright, the night clerk at the Downtowner Inn; and Stephany 21 Munoz, a room cleaner at the Downtowner Inn. Plaintiff alleges that Defendants conspired with 22 the Bakersfield Police Department to cause him injury. Id. 23 The Court screened Plaintiff’s complaint pursuant to its authority under 28 U.S.C. § 24 1915(e)(2). On June 15, 2017, the Court issued an Order dismissing the Complaint with leave 25 to amend, finding that Plaintiff had failed to state a claim upon which relief could be granted. 26 (ECF No. 11.) The Order instructed Plaintiff to file an amended complaint on or before July 17, 27 2017. Id. at 6. The Order also warned, “Failure to file an amended complaint by the date 28 1 1 specified will result in dismissal of this action.” Id. Plaintiff failed to file an amended complaint 2 by the date specified. 3 On July 31, 2017, this Court issued a Findings and Recommendations recommending 4 that this action be dismissed for Plaintiff’s failure to state a claim, failure to prosecute, and 5 failure to comply with the Court’s June 15, 2017 Order. (ECF No. 14.) The Court instructed 6 Plaintiff to file written objections within fourteen (14) days after being served with the Findings 7 and Recommendations. Id. at 3. Plaintiff was served with the Findings and Recommendations 8 by mail on July 31, 2017. Plaintiff did not file written objections to the Findings and 9 Recommendations. 10 Now before the Court is Plaintiff’s motion for an extension of time to file an amended 11 complaint submitted on August 14, 2017. (ECF No. 15.) Plaintiff states that he is currently 12 researching his legal claims and is requesting an extension in order to properly amend his 13 complaint. Id. 14 Although Plaintiff has consistently failed to meet deadlines and to comply with this 15 Court’s order, in the interest of justice, this Court shall grant Plaintiff’s request for an extension 16 of time to file an amended complaint. Plaintiff is directed to file an amended complaint no later 17 than October 6, 2017. The Court warns, however, that if Plaintiff again fails to file an 18 amended complaint by the specified date, it will issue a final Findings and Recommendations 19 recommending the dismissal of this action without further extension. 20 Accordingly, IT IS HEREBY ORDERED that: 21 1. The Findings and Recommendations entered on July 31, 2017 are VACATED; 22 2. Plaintiff is granted leave to file an amended complaint on or before October 6, 23 2017. 24 25 26 IT IS SO ORDERED. Dated: September 7, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 2

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