Cummings v. Jeu et al

Filing 14

ORDER signed by Magistrate Judge Dale A. Drozd on 9/18/13 ORDERING that Plaintiffs September 16, 2013 letter, construed as a motion for an extension of time (ECF No. 13 ), is GRANTED; and on or before October 28, 2013, plaintiff shall file and serve his second amended complaint as set forth in the courts August 27, 2013 order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FLOYD A. CUMMINGS,

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Plaintiff,

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No. 2:13-cv-00128 DAD P

v.

ORDER

MOON JEU, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On August 27, 2013, the court dismissed plaintiff’s amended complaint and

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granted plaintiff leave to file a second amended complaint. On September 16, 2013, plaintiff

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filed a letter directed to the Clerk of the Court advising the court that he was seeking assistance

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and access to the prison law library but that he may be “behind on ‘dead line.’” The court will

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construe plaintiff’s letter as a request for an extension of time to file and serve his second

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amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s September 16, 2013 letter, construed as a motion for an extension of time

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(ECF No. 13), is granted; and

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/////

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2. On or before October 28, 2013, plaintiff shall file and serve his second amended

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complaint as set forth in the court’s August 27, 2013 order.

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Dated: September 18, 2013

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DAD:mp/4
cumm0128.36amc

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