Dearwester v. Sacramento County Sheriff's Department

Filing 23

ORDER signed by Magistrate Judge Dale A. Drozd on 11/13/14 denying 21 Motion for leave to amend and granting 22 Motion for Extension of time. Plaintiff is granted 30 days from the date of service of this order in which to file and serve an opposition to defendant's motion to dismiss. Any reply shall be filed and served in accordance with Local Rule 230(l). (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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Plaintiff,

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No. 2:13-cv-2064 MCE DAD P

v.

ORDER

SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT,
Defendant.

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On November 10, 2014, plaintiff filed a motion for leave to amend his complaint.

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Plaintiff’s motion was not, however, accompanied by a proposed amended complaint. As a

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prisoner, plaintiff’s pleadings are subject to evaluation by this court pursuant to the in forma

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pauperis statute. See 28 U.S.C. § 1915A. Since plaintiff did not submit a proposed amended

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complaint, the court is unable to evaluate it.1
Plaintiff has also requested an extension of time to file and serve an opposition to

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defendant’s motion to dismiss. Good cause appearing, the court will grant plaintiff’s request.

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It appears that plaintiff primarily wishes to amend his complaint so that it is typed instead of
handwritten. Plaintiff’s handwriting is legible, so he is advised that he need not amend his
complaint for this reason.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for leave to amend (Doc. No. 21) is denied;

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2. Plaintiff’s motion for an extension of time (Doc. No. 22) is granted; and

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3. Plaintiff is granted thirty days from the date of service of this order in which to file and

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serve an opposition to defendant’s motion to dismiss. Any reply shall be filed and served in

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accordance with Local Rule 230(l).

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Dated: November 13, 2014

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DAD:9:mp
dear2064.36opp

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