Hooker v. Kimura-Yip et al

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/22/2012 ORDERING that the 16 recommendation that this action be dismissed is VACATED; and plaintiff has until 3/16/2012, to file an amended complaint. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

DONALD O. HOOKER,

11

Plaintiff,

12
13

No. CIV S-11-0899 LKK CKD P

vs.
T. KIMURA-YIP, et al.,

14

Defendants.

15

ORDER
/

16

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

17

seeking relief under 42 U.S.C. § 1983. On February 1, 2012, this court issued findings and

18

recommendations recommending that this action be dismissed due to plaintiff’s failure to timely

19

file an amended complaint. (Dkt. No. 16.) Two days later, plaintiff signed and dated a motion

20

for an extension of time until March 16, 2012 to file an amended complaint. He states that he

21

and all his possessions were transferred to California State Prison-Los Angeles in mid-January,

22

and that, due to the transfer, he was unable to earlier request an extension of the amended

23

complaint deadline. This motion was docketed on February 10, 2012. (Dkt. No. 17.)

24

As plaintiff sought an extension of time as soon as circumstances allowed, the

25

court will vacate its February 1, 2012 recommendation that this action be dismissed.

26

\\\\\
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The court’s February 1, 2012 recommendation that this action be dismissed is

3

VACATED;

4
5

2. Plaintiff is granted until March 16, 2012 to file an amended complaint.
Dated: February 22, 2012

6

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

7
8
9
10

2
hook0899..vac

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2