Spencer v. Virga et al

Filing 23

ORDER signed by Magistrate Judge Allison Claire on 8/13/14 ORDERING that petitioners second amended complaint is now due on or before September 12, 2014.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THURMAN LEROY SPENCER,

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No. 2:13-cv-01626 AC P

Plaintiff,
v.

ORDER

TIMOTHY VIRGA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. By order of June 27, 2014 plaintiff’s first amended

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complaint was dismissed with leave to file a second amended complaint within thirty days. ECF

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No. 19. Petitioner has not filed an amended complaint, but he has submitted a letter indicating

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that he no longer has access to his 10 boxes of legal property and books. ECF No. 22. The court

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will construe the letter as a request for an extension of time to file his amended complaint. So

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construed, the request will be granted.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s second amended complaint is

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now due on or before September 12, 2014.

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DATED: August 13, 2014

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