(PC) Ontiveros v. California Department of Corrections & Rehabilitation

Filing 49

ORDER granting Sua Sponte extension of time signed by Magistrate Judge Erica P. Grosjean on 12/11/2020.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HERMAN RENE ONTIVEROS,

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No. 1:19-cv-01651-NONE-EPG (PC)

Plaintiff,
v.

ORDER GRANTING SUA SPONTE
EXTENSION OF TIME

CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION,
Defendant.
Plaintiff Herman Rene Ontiveros, proceeding pro se, filed a motion for an extension of

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time to file a Fourth Amended Complaint on November 4, 2020. (ECF No. 46). Concurrently

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therewith, he also filed notice of change of address, indicating that he is now incarcerated at

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California State Prison-Sacramento. (ECF No. 47).

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On November 12, 2020, the Court granted Plaintiff’s motion for an extension of time,

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giving Plaintiff until December 1, 2020 to file an amended complaint. (ECF No. 48). The Court

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served the order on Plaintiff the same day by the United States Postal Service.

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On December 10, 2020, the order was returned by the United States Postal Service, stating

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that the order was undeliverable. The Court used the California Department of Corrections and

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Rehabilitation’s online inmate locator tool, which indicates that Plaintiff is still incarcerated at

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California State Prison-Sacramento. Thus, it appears that Plaintiff never received the Court’s

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order granting an extension of time due to no fault of his own.
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Accordingly, it is HEREBY ORDERED that Plaintiff shall file his Fourth Amended
Complaint no later than January 4, 2021.

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IT IS SO ORDERED.
Dated:

December 11, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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