Renteria v. Matharu et al
Filing
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ORDER Re Motion for Leave to File Second Amended Complaint; ORDER GRANTING Plaintiff's Request for Extension of Time 25 , FORTY-FIVE DAY DEADLINE for Plaintiff to File Second Amended Complaint, signed by Magistrate Judge Gary S. Austin on 2/4/2019. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LUIS RENTERIA,
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Plaintiff,
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vs.
KABIR MATHARU, et al.,
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Defendants.
1:18-cv-00497-LJO-GSA-PC
ORDER RE MOTION FOR LEAVE TO
FILE SECOND AMENDED COMPLAINT
ORDER GRANTING PLAINTIFF’S
REQUEST FOR EXTENSION OF TIME
(ECF No. 25.)
FORTY-FIVE DAY DEADLINE FOR
PLAINTIFF TO FILE SECOND
AMENDED COMPLAINT
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I.
BACKGROUND
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Luis Renteria (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983. On April 12, 2018, Plaintiff filed the
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Complaint commencing this case. (ECF No. 1.) On May 29, 2018, Plaintiff filed the First
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Amended Complaint as a matter of course. (ECF No. 15.) On December 14, 2018, the court
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issued a screening order dismissing the First Amended Complaint for violation of Local Rule
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220 and failure to state a claim, with leave to amend within thirty days. (ECF No. 22.)
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On January 31, 2019, Plaintiff filed a motion for leave to file a Second Amended
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Complaint. (ECF No. 25.) Plaintiff also requested an extension of time to file a Second
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Amended Complaint. (Id.)
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II.
DISCUSSION
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Plaintiff’s motion for leave to file a Second Amended Complaint is moot because the
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court’s December 14, 2018 screening order dismissed Plaintiff’s First Amended Complaint
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with leave to amend within thirty days, (ECF No. 22), and on January 14, 2019, the court
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granted Plaintiff an additional thirty days in which to file the Second Amended Complaint,
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(ECF No. 24). Therefore, Plaintiff already has leave to file a Second Amended Complaint.
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Plaintiff also requests an extension of time to file his Second Amended Complaint,
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asserting that his medical condition makes it difficult for him to function. Plaintiff shows good
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cause for an extension of time to file the Second Amended Complaint, which shall be granted.
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III.
CONCLUSION
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Based on the foregoing, it is HEREBY ORDERED that:
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1.
Plaintiff’s motion for leave to amend is denied as moot;
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2.
Plaintiff’s request for extension of time is granted; and
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3.
Plaintiff is granted forty-five days from the date of service of this order in which
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to file a Second Amended Complaint, pursuant to the court’s order issued on
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December 14, 2018.
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IT IS SO ORDERED.
Dated:
February 4, 2019
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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