Hernandez v. Holt et al

Filing 12

ORDER DIRECTING Clerk of the Court to Reserve September 18, 2020 Order Granting In Part Motion for Extension of Time to File First Amended Complaint and Motion for Clarification, signed by Magistrate Judge Stanley A. Boone on 10/13/2020. (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERNIE HERNANDEZ, III, Case No. 1:20-cv-01127-AWI-SAB Plaintiff, 12 13 v. 14 ORDER DIRECTING CLERK OF THE COURT TO RESERVE SEPTEMBER 18, 2020 ORDER GRANTING IN PART MOTION FOR EXTENSION OF TIME TO FILE FIRST AMENDED COMPLAINT AND MOTION FOR CLARIFICATION A. HOLT, et al., 15 Defendants. (ECF No. 10) 16 DEADLINE: NOVEMBER 13, 2020 17 18 Ernie Hernandez, III (“Plaintiff”), a state prisoner, is appearing pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 18, 2020, an 20 order issued granting in part Plaintiff’s motion for an extension of time to file a first amended 21 complaint and motion for clarification. (ECF No. 13.) On October 9, 2020, Plaintiff filed a 22 notice of change of address. (ECF No. 11.) 23 In Plaintiff’s notice of change of address he states that he is not aware of whether his 24 request for an extension of time to file a first amended complaint was granted. Therefore, the 25 order shall be reserved and Plaintiff will be required to file his first amended complaint on or 26 before November 13, 2020. 27 Plaintiff also requests information on how to receive a copy of his criminal history. The 28 Court does not provide such information to litigants and Plaintiff should contact his criminal 1 1 defense attorney for information on how to obtain his criminal history. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Clerk of the Court is DIRECTED to reserve the September 18, 2020 order 4 granting in part motion for an extension of time to file first amended complaint 5 and motion for clarification (ECF No. 10); 2. 6 Plaintiff shall file his first amended complaint on or before November 13, 2020; and 7 3. 8 Failure to comply with this order will result in the issuance of sanctions, up to and including dismissal of this action. 9 10 11 IT IS SO ORDERED. 12 Dated: October 13, 2020 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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