Smith v. Kiesz et al

Filing 97

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/17/14 GRANTING 95 Motion for Extension of time; Plaintiff is granted thirty days from the date of this order in which to file and serve his pretrial statement. Plaintiffs failure to f ile a pretrial statement within 30 days will result in a recommendation that this action be dismissed without prejudice. Absent extraordinary cause, no further extensions of time will be granted. Plaintiffs failure to procure counsel will not be considered extraordinary cause considering plaintiff has now been given approximately 6 months to obtain counsel.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID SMITH, 12 Plaintiff, 13 14 No. 11-cv-1918 JAM CKD P v. ORDER KIESZ, et al., 15 Defendants. 16 Plaintiff has requested a sixth extension of time to file his pretrial statement. Good cause 17 18 appearing, IT IS HEREBY ORDERED that: 19 1. Plaintiff’s request for an extension of time (ECF No. 95) is granted. 20 2. Plaintiff is granted thirty days from the date of this order in which to file and serve his 21 pretrial statement. 3. Plaintiff’s failure to file a pretrial statement within 30 days will result in a 22 23 recommendation that this action be dismissed without prejudice. 24 ///// 25 ///// 26 ///// 27 ///// 28 ///// 1 4. Absent extraordinary cause, no further extensions of time will be granted. Plaintiff’s 2 failure to procure counsel will not be considered extraordinary cause considering plaintiff has 3 now been given approximately 6 months to obtain counsel. 4 Dated: December 17, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 smit1918.36(6) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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