Higgins v. Barnes, et al.

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 08/14/13 ordering that plaintiff's request contained within his objections 21 is granted to the extent that the 07/09/13 findings and recommendations are held in abeyance, and plaintiff has 30 days to comply with the court's 05/13/13 order 14 . (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN HIGGINS, 12 No. 2:13-cv-275-WBS-EFB P Plaintiff, 13 v. 14 BARNES, et al., 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1). 20 On May 13, 2013, the court dismissed plaintiff’s original complaint with leave to amend. 21 The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file an 22 amended complaint correcting those deficiencies, and warned plaintiff that failure to file an 23 amended complaint would result in this action being dismissed. The time for acting passed and 24 despite an extension of time, plaintiff failed to file an amended complaint. Accordingly, on July 25 9, 2013, the undersigned issued findings and recommendations recommending that this action be 26 dismissed. On July 22, 2013, plaintiff filed objections to the findings and recommendations, in 27 which he requests and extension of time to file his amended complaint and complains about lack 28 of access to the law library. Plaintiff will be granted the requested extension of time to file his 1 1 amended complaint. Plaintiff should note, however, that filing an amended complaint should not 2 require extensive research. To file an amended complaint in accordance with the court’s order, 3 plaintiff need only submit a short and plain statement of his claim showing that he is entitled to 4 relief. An amended complaint should not include legal citations and need not contain 5 unnecessarily detailed factual allegations. 6 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request contained within his 7 objections (ECF No. 21) is granted to the extent that the July 9, 2013 findings and 8 recommendations are held in abeyance, and plaintiff has 30 days to comply with the court’s May 9 13, 2013 order (ECF No. 14). Should plaintiff fail to timely comply, those findings and 10 recommendations will be submitted to the district judge for consideration. 11 Dated: August 14, 2013. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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