Maraglino v. Espinosa et al

Filing 21

ORDER Granting Plaintiff's 20 Motion for Extension of Time to File Amended Complaint; ORDER Directing Clerk of Court to Serve Copies on Plaintiff 1 , 16 , signed by Magistrate Judge Barbara A. McAuliffe on 1/14/19. Amended Complaint Due Within Thirty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOROTHY MARAGLINO,

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Plaintiff,
v.
J. ESPINOSA, et al.,
Defendants.

Case No. 1:17-cv-01535-LJO-BAM (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE
AMENDED COMPLAINT
(ECF No. 20)

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ORDER DIRECTING CLERK OF COURT TO
SERVE COPIES ON PLAINTIFF (ECF Nos. 1,
16)

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THIRTY (30) DAY DEADLINE

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Plaintiff Dorothy Maraglino (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On October 26, 2018, this matter was re-opened and Plaintiff was directed to file a first

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amended complaint in compliance with the Court’s May 14, 2018 screening order, or to file a

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notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF

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No. 17.) On December 5, 2018, Plaintiff was granted a thirty-day extension of time to file her

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amended complaint, due to her inability to retrieve her legal property from the Legal Coordinator

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at CCWF. (ECF No. 19.)

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Currently before the Court is Plaintiff’s second motion for extension of time to file her
amended complaint, filed January 11, 2019. (ECF No. 20.) Plaintiff does not specify the length
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of extension required, but states that the additional time is necessary because she has been

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unsuccessful in getting the prison legal coordinator to return copies of her filed complaints.

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Plaintiff states that she has requested her documents through the legal coordinator’s co-workers

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and using inmate request slips, but has not attached any documentation of these requests.

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Plaintiff further requests a court order directing the legal coordinator to return her documents,

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specifically her filed complaints, so she may comply with the court’s order. (Id.)

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The Court notes that it has now been eight months since Plaintiff was first ordered to file

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an amended complaint, and nearly three months since this action was reopened and Plaintiff again

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ordered to file an amended complaint. (See ECF Nos. 10, 17.) In light of Plaintiff’s difficulties

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retrieving her legal documents, Plaintiff will be provided with one final opportunity to file her

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first amended complaint. However, future requests for extension of time regarding this

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deadline will be subject to a narrow interpretation of what constitutes good cause.

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Generally, the Clerk’s Office will provide copies for Plaintiff at a cost of $0.50 per page.

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In an effort to advance this case, the Court will make a one-time exception and direct the Clerk of

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the Court to provide Plaintiff with copies, at no charge, of the original complaint, filed on

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November 17, 2017, and the proposed amended complaint that was attached to Plaintiff’s motion

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to reopen the case. Plaintiff is advised that any further copies will need to be paid for by Plaintiff,

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and it is her responsibility to maintain her own copies of the Court’s orders and documents filed

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with the Court. To the extent Plaintiff requests that the Court order the legal coordinator to return

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her copies of the filed complaints, that request is denied as moot.

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Plaintiff is reminded that her first amended complaint should be “complete in itself

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without reference to the prior or superseded pleading.” Local Rule 220. Finally, any documents

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to be filed with the Court must be mailed (not faxed), to the following address:

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Clerk of the Court
Room 1501
United States District Court
2500 Tulare Street
Fresno, California 93721

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Accordingly, it is HEREBY ORDERED that:
1. Plaintiff’s motion for extension of time to file a first amended complaint, (ECF No. 20), is
GRANTED;
2. The Clerk’s Office shall mail the following documents to Plaintiff at her current address
of record:

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a. Complaint, filed on November 17, 2017, (ECF No. 1);

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b. Motion to Reopen Case, filed on October 23, 2018, (ECF No. 16);

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3. Plaintiff shall file a first amended complaint (or a notice of voluntary dismissal pursuant
to Federal Rule of Civil Procedure 41(a)(1)(A)(i)) within thirty (30) days from the date of
service of this order; and
4. If Plaintiff fails to file a first amended complaint in compliance with this order, this
action will be dismissed for failure to prosecute and failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 14, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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