Bowen v. Cate et al

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 07/16/13 ordering the order to show cause 19 is discharged and no sanctions will be imposed at this time. Plaintiff's request for a 30 day extension of time to file a second amended complaint 21 is granted and the second amended complaint shall be filed no later than 30 days from the date of this order. Plaintiff's pro se request for appointment of new counsel 20 is denied. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BURCH MICHAEL BOWEN,

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Plaintiff,

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No. 2:12-cv-1519 MCE AC P

v.

ORDER

MATTHEW CATE, et al.,

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Defendants.

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By Order filed on June 27, 2013, plaintiff’s limited-appointment counsel was directed to

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show cause within fourteen days why sanctions should not be imposed on him for failure to

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comply with a court order. ECF No. 19. Counsel had been granted sixty days to file a second

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amended complaint but had failed to do so. See Order at ECF No. 17. By his response filed on

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July 11, 2013, plaintiff’s counsel has set forth the circumstances leading to an inadvertent failure

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to file a second amended complaint in a timely manner. The court will find counsel for plaintiff

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has discharged the show cause order and will not impose sanctions at this time.
Plaintiff’s counsel also seeks an additional thirty days to file an amended complaint which

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the court will grant. Plaintiff pro se’s separate request for appointment of new counsel will be

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denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The order to show cause, ECF No. 19, is discharged and no sanctions will be imposed

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at this time;
2. Plaintiff’s request for a thirty-day extension of time to file a second amended

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complaint (ECF No. 21) is granted, and the second amended complaint shall be filed no later than

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thirty days from the date of this Order;

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3. Plaintiff’s pro se request for appointment of new counsel (ECF No. 20) is denied.
DATED: July 16, 2013

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___________________________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:009/kly
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