Smith v. Rodriguez et al

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 3/13/14 ORDERING that Plaintiffs request at ECF No. 13 , construed as a request for an extension of time to amend his complaint, is granted; plaintiff has one further opportunity to file an amended complaint but must do so within 30 days; there will be no further extension of time. If plaintiff elects not to amend his complaint, the court will proceed to screen the original complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EARL D. SMITH,

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Plaintiff,

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No. 2:13-cv-2192 AC P

v.

ORDER

R. RODRIGUEZ, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to

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42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned. ECF No. 5.
By order filed on January 9, 2014, plaintiff was granted thirty days’ leave to file an

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amended complaint pursuant to his request. ECF No. 10. On January 21, 2014, plaintiff again

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sought leave to file an amended complaint in a document inexplicably entitled “declaration in

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support of motion for temporary restraining order.” ECF No. 13. It is unclear why plaintiff filed

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a second request to file an amended complaint after having been granted an opportunity to do so.

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However, the court will liberally construe the second request as one for an extension of time to

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file an amended complaint and will grant plaintiff one further opportunity to file an amended

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complaint. Once again, plaintiff is informed that should he fail to file an amended complaint, the

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original complaint will be screened.

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Accordingly, IT IS ORDERED that:

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1. Plaintiff’s request at ECF No. 13, construed as a request for an extension of time to

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amend his complaint, is granted; plaintiff has one further opportunity to file an amended

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complaint but must do so within thirty days; there will be no further extension of time.

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2. If plaintiff elects not to amend his complaint, the court will proceed to screen the

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original complaint.

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DATED: March 13, 2014

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