Watts v. Hicks et al

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/18/2013 DENYING plaintiff's 16 request for stay of abeyance; and GRANTING plaintiff an extension of time of 30 days to file an amended complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP WATTS,

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No. 2:12-cv-0010 CKD P

Plaintiff,

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v.

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D. HICKS, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner, proceeds pro se with a civil rights complaint filed pursuant to 42

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U.S.C. § 1983. Plaintiff has consented to jurisdiction by United States Magistrate Judge. By

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order filed October 1, 2012, plaintiff’s original complaint alleging that unnamed nurses denied

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him access to his medication during lockdowns at CSP-Solano was dismissed and thirty days

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leave to file an amended complaint was granted. Subsequently, plaintiff was twice granted

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additional 90 day extensions of time to file an amended complaint as he attempted to learn the

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names of the nurses who had denied him his medication.

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On May 10, 2013, plaintiff filed a “request for stay of abeyance.” (ECF No. 16.) Plaintiff

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states that he has found a method of learning the names of the nurses who denied him access to

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his medication on the relevant days, but that it will take more time. Plaintiff does not identify the

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method he is utilizing or how much time he expects it to take, although an attachment to a letter

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to the court dated June 6, 2013 (ECF No. 17) shows that plaintiff has made a request to inspect
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public records. Already, eight months have passed since the dismissal of plaintiff’s original

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complaint with leave to amend. The court will not stay this case indefinitely while plaintiff

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attempts to learn the names of the nurses he wishes to sue. Accordingly, the request to stay will

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be denied. However, plaintiff will be granted one more extension of time in which to file an

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amended complaint if he has obtained the names of the intended defendants. Plaintiff is

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cautioned that further extensions of time will not be granted absent good cause for extraordinary

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circumstances shown and/or a showing that the information he needs to file an amended

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complaint that meets the requirements of the Federal Rules of Civil Procedure is likely to be

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forthcoming.

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In accordance with the above, IT IS HEREBY ORDERED THAT:

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Plaintiff’s request for stay of abeyance (ECF No. 16) is denied.

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2.

Plaintiff is granted an extension of time of 30 days from the date of this order in

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which to file an amended complaint. Plaintiff is cautioned that further extensions of

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time will not be granted absent good cause for extraordinary circumstances shown

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and/or an indication that the information he needs to file an amended complaint is

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likely forthcoming.

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Dated: June 18, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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