Coward v. JP Morgan Chase Bank

Filing 85

ORDER signed by Magistrate Judge Allison Claire on 12/5/2013 ORDERING that Plaintiff's 80 motion to proceed in forma pauperis is DENIED AS MOOT. Plaintiff's 81 motion for extension of time is DENIED. Plaintiff shall file a fourth amended complaint within twenty-one days from the date of this order. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANA Y. COWARD,

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Plaintiff,

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No. 2:11-cv-3378 GEB AC PS

v.

ORDER

JP MORGAN CHASE BANK,

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Defendant.

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On December 20, 2011, this action was removed from the Sacramento County Superior

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Court. On September 17, 2013, plaintiff’s third amended complaint was dismissed with leave to

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amend. Plaintiff has now filed a motion for extension of time to file a fourth amended complaint

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and a motion to proceed in forma pauperis.
As to plaintiff’s application to proceed in forma pauperis, the court notes that defendant

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paid the applicable filing fee at the time of removal. Accordingly, plaintiff’s motion to proceed in

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forma pauperis will be denied as moot.
Regarding plaintiff’s motion for extension of time, plaintiff asks for additional time to file

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a fourth amended complaint pending receipt of a response from the FDIC as to a filed claim.

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Because plaintiff does not identify the nature of the claim filed or the need for a delay, this

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request will also be denied.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 80) is denied as moot;

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2. Plaintiff’s motion for extension of time (ECF No. 81) is denied;

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3. Plaintiff shall file a fourth amended complaint within twenty-one days from the date of

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this order.
DATED: December 5, 2013

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