Woodson v. Sahota et al

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 2/5/2013 VACATING the 12 findings and recommendations; GRANTING plaintiff's 13 motion for an extension of time; plaintiff has 30 days to file an amended complaint; and no further extensions of time will be granted. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE WOODSON,
Plaintiff,

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vs.

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No. 2:11-cv-1589 MCE KJN P

P. SAHOTA, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner, proceeding in forma pauperis, in this civil rights action

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filed pursuant to 42 U.S.C. § 1983. On May 23, 2012, this court dismissed plaintiff’s original

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complaint with leave to file an amended complaint within thirty days. (Dkt. No. 7.) Plaintiff

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thereafter requested an extension of time to file an amended complaint, which the court granted

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for a period of thirty days on June 22, 2012. (Dkt. No. 11.) On January 16, 2013, the

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undersigned recommended that this action be dismissed without prejudice, due to plaintiff’s

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failure to file an amended complaint or otherwise communicate with this court. (Dkt. No. 12.)

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In response, on February 1, 2013, plaintiff filed a further motion for extension of time, for thirty

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days, to file an amended complaint; plaintiff avers that his place of incarceration, California

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State Prison-Sacramento, has failed to retain legal mail, and that plaintiff requires the additional

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time to obtain copies of his amended complaint. (Dkt. No. 13.)
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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 16, 2013 (Docket No. 12), are

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vacated.

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2. Plaintiff’s motion for an extension of time (Docket No. 13), is granted.

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3. Plaintiff is granted thirty (30) days after service of this order to file an amended

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complaint.
4. No further extensions of time will be granted.

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DATED: February 5, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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