West v. Washibyashi et al

Filing 23

ORDER signed by Magistrate Judge Kevin S. Chang on 11/30/09 ORDERING that plf's 22 Motion for Extension of Time is GRANTED; plf has until 12/19/09 to file an amended complaint. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MACK A. WEST, JR., #F-60029, ) ) Plaintiff, ) ) vs. ) ) NEIL WASHIBYASHI, ET AL., ) ) Defendants. ) ____________________________ ) CIVIL NO. 2:08-00290 HWG/KSC ORDER GRANTING MOTION FOR ORDER TO EXTEND TIME ORDER GRANTING MOTION FOR ORDER TO EXTEND TIME On October 21, 2009, the Court issued an Order Dismissing the Amended Complaint and Second Amended Complaint With Leave to Amend ("Order"), wherein the Court ordered that Plaintiff must file an amended complaint within thirty (30) days from the filing date of the Order. On November 20, 2009, Plaintiff filed the instant Motion, seeking an extension of time to file a Third Amended Complaint, up to and including December 19, 2009. The Court finding that good cause exists for the extension of time, Plaintiff is hereby given until December 19, 2009, to file an amended complaint curing the deficiencies identified in the Court's Order. If Plaintiff fails to file an amended complaint within the time granted, this Complaint and action MAY BE AUTOMATICALLY DISMISSED and may count as a "strike" under 28 U.S.C. § 1915(g). IT IS SO ORDERED. DATED: Honolulu, Hawaii, November 30, 2009. _____________________________ Kevin S.C. Chang United States Magistrate Judge CV 2:08-00290 HWG-KSC; WEST V. WASHIBYASHI, ET AL.; ORDER GRANTING MOTION FOR ORDER TO EXTEND TIME 2

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