Bianchi v. Beard

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/2014 ORDERING the 8/28/2014 findings and recommendations are held in ABEYANCE, and plaintiff has 30 days to file his amended complaint in accordance with the 7/3/2014 court's order; and the Clerk shall re-serve on plaintiff a copy of the 7/3/2014 order, a blank civil rights complaint and a copy of the locul rules. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH A. BIANCHI,

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No. 2:13-cv-2199-JAM-EFB P

Plaintiff,
v.

ORDER

JEFFREY A. BEARD,
Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On July 3, 2014, plaintiff’s complaint was dismissed with leave to amend within

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thirty days. On July 24, 2014, plaintiff’s request for a 30-day extension of time was granted. On

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August 28, 2014, when plaintiff had failed to timely file an amended complaint, the undersigned

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recommended this action be dismissed for failure to prosecute. Plaintiff filed objections on

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September 15, 2014, in which he claims he never received the blank civil rights complaint or

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local rules from the Clerk. Plaintiff’s objections, construed as a request for extension of time, is

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granted, to the extent that the court will hold the findings and recommendations in abeyance for a

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period of 30 days. The Clerk is directed to reserve on plaintiff a copy of the July 3, 2014 order, a

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blank civil rights complaint and a copy of the local rules.

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The court notes that preparing an amended complaint does not require extensive legal

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research, as it should not contain any legal citations, but only a short and plain statement of the

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facts showing that plaintiff is entitled to relief. Accordingly, the court is not inclined grant

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additional requests for extensions of time.
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Accordingly, IT IS HEREBY ORDERED that the August 28, 2014 findings and

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recommendations are held in abeyance, and plaintiff has 30 days from the date of this order to file

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his amended complaint in accordance with the court’s July 3, 2014 order. Should plaintiff fail to

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timely comply, those findings and recommendations will be submitted to the district judge for

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consideration.

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DATED: October 9, 2014.

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