Huapaya v. Davey et al

Filing 22

ORDER GRANTING 20 Plaintiff's Motion to Accept Late Filing of Second Amended Complaint signed by Magistrate Judge Stanley A. Boone on 5/18/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ENRIQUE HUAPAYA,

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Plaintiff,

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v.
D. DAVEY, et al.,

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Defendants.

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ORDER GRANTING PLAINTIFF’S MOTION TO
ACCEPT LATE FILING OF SECOND AMENDED
COMPLAINT
[ECF No. 20]

pursuant to 42 U.S.C. § 1983.
On May 17, 2018, Plaintiff filed a motion requesting the Court accept the late filing of his

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Case No. 1:17-cv-01441-DAD-SAB (PC)

Plaintiff Enrique Huapaya is appearing pro se and in forma pauperis in this civil rights action

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second amended complaint, along with a second amended complaint. (ECF Nos. 20, 21.)
On March 14, 2018, the Court screened Plaintiff’s first amended complaint and granted him

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leave to file a second amended complaint or notify the Court of his willingness to proceed only on the

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claim found to be cognizable, within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). (ECF No.

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17.) On April 10, 2018, the Court granted Plaintiff thirty days to comply with the Court’s March 14,

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2018, order. (ECF No. 19.) Thus, Plaintiff’s second amended complaint was due on or before May

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10, 2018.

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In seeking relief from the late filing, Plaintiff indicates that he has not had access to the law

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library because of an extensive lockdown. On the basis of good cause, the Court will excuse the late

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filing of the second amended complaint and it is deemed timely filed. Plaintiff is advised that the

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Court will screen the complaint in due course.

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IT IS SO ORDERED.

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Dated:

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May 18, 2018
UNITED STATES MAGISTRATE JUDGE

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