Goff v. Salinas et al

Filing 15

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 07/02/12 denying 14 Motion to Amend the Complaint. Also, RECOMMENDING that this action be dismissed for the reasons set forth in the 01/27/12 screening order and for failure to follow court instructions to file an amended complaint. Referred to Judge Garland E. Burrell. Objections due within 14 days.(Plummer, 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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THOMAS L. GOFF,

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Plaintiff,

No. 2:12-cv-0009 GEB GGH P

vs.
M. SALINAS, et al.,

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Defendants.

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ORDER and
/

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FINDINGS & RECOMMENDATIONS

Plaintiff is a state prisoner proceeding pro se and in forma pauperis who seeks

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relief pursuant to 42 U.S.C. § 1983. Plaintiff’s complaint was dismissed with leave to amend on

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January 27, 2012. Plaintiff has been given several extensions and the amended complaint was

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due on June 3, 2012. Plaintiff was also informed that no more extensions would be provided.

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On June 6, 2012, plaintiff filed a motion to amend seeking an “open” amount of time for leave to

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amend. Plaintiff’s motion is denied as he has already been provided several months of

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extensions. Plaintiff states he needs more time to obtain materials and perform research, yet the

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amended complaint only requires an amendment of plaintiff’s factual allegations as described by

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the undersigned in screening order. As plaintiff has failed to file an amended complaint this

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action should be dismissed.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to amend (Doc.
14) is denied.
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IT IS HEREBY RECOMMENDED that this action be dismissed for the reasons

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set forth in the January 27, 2012, screening order and for failure to follow court instructions to

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file an amended complaint. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: July 2, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: AB
goff0009.ord

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