Scott v. Sanches et al

Filing 28

ORDER signed by Magistrate Judge Kendall J. Newman on 5/19/11 VACATING 26 FINDINGS AND RECOMMENDATIONS; Plaintiff is granted 30 days from the date of this order to file an amended complaint. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD SCOTT,

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Plaintiff,

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No. 2: 10-cv-1664 WBS KJN P

vs.
C/O SANCHES, et al.,

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Defendants.

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ORDER
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On May 4, 2011, the undersigned recommended that this action be dismissed for

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plaintiff’s failure to file an amended complaint in accordance with the order filed December 9,

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2011. On May 12, 2011, plaintiff filed objections to the findings and recommendations.

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Plaintiff alleges that he could not file an amended complaint because his legal property was

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removed from his cell when he went to a crisis bed for the second time for mental health reasons.

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Good cause appearing, the findings and recommendations are vacated. Plaintiff is

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granted thirty days to file an amended complaint. No further extensions of time will be granted

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but for a showing of substantial cause.

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Accordingly, IT IS HEREBY ordered that:

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1. The May 4, 2011 findings and recommendations are vacated;

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2. Plaintiff is granted thirty days from the date of this order to file an amended

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complaint.

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DATED: May 19, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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sc1664.vac

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