Pitts v. Cates et al

Filing 24

ORDER signed by Magistrate Judge Craig M. Kellison on 12/09/14 granting 21 Motion for Extension of time. The time for defendants' response thereto is extended accordingly. Plaintiff may also file an application to proceed in forma pauperis o n or before 12/20/14. As previously ordered, if no amended complaint is received on or before the deadline set herin, this action will continued on plaintiff's original complaint against defendants Cates, Swarthout, Starke, Peterson, Cappel, Hardy, Author, Blackwell and Freese but not Baughman. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDDIE L. PITTS, No. 2:12-cv-1310-TLN-CMK-P Plaintiff, 12 13 vs. 14 M. CATES, et al., 15 16 17 ORDER Defendants. / Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. Pending before the court is plaintiff’s motion for an extension of time (Doc. 21) 19 to file an amended complaint and submit his application to proceed in forma pauperis. Good 20 cause appearing therefor, the request is granted. 21 Plaintiff may file an amended complaint on or before January 5, 2015. The time 22 for defendants’ response thereto is extended accordingly. Plaintiff may also file an application to 23 proceed in forma pauperis on or before December 20, 2014. As previously ordered, if no 24 amended complaint is received on or before the deadline set herein, this action will continue on 25 plaintiff’s original complaint against defendants Cates, Swarthout, Starke, Peterson, Cappel, 26 Hardy, Author, Blackwell, and Freese, but not Baughman. 1 1 In addition, plaintiff is cautioned that failure to effect service in a timely manner, 2 either on his own or with the assistance of the United States Marshal, may result in the dismissal 3 of unserved defendants. See Fed. R. Civ. P. 4(m). 4 IT IS SO ORDERED. 5 6 7 8 DATED: December 9, 2014 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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