Trujillo v. Hithe

Filing 34

ORDER signed by Magistrate Judge Allison Claire on 10/9/2014 GRANTING plaintiff's 31 motion for an extension of time; plaintiff has 30 days to file an amended complaint ; and plaintiff's 32 "amended motion", construed to be a motion for leave to amend the complaint, is DENIED as unnecessary. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,

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Plaintiff,

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No. 2:14-cv-00584 AC P

v.

ORDER

HITHE, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis, seeking relief

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pursuant to 42 U.S.C. § 1983. On September 4, 2014, this court screened plaintiff’s Amended

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Complaint (ECF No. 12), and dismissed it with leave to amend within 28 days. ECF No. 26.

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Plaintiff has now filed a motion for an extension of time to file an amended complaint (ECF

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No. 31), together with a document entitled “Amended Motion” (ECF No. 32), which may be a

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motion to amend the complaint.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s September 29, 2014 motion for an extension of time (ECF No. 31) is

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GRANTED;
2. Plaintiff is granted 30 days from the date of this order in which to file an amended

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complaint. If plaintiff files an amended complaint, he is ordered to entitle it “Second Amended

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Complaint.”

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3. Plaintiff’s “Amended Motion” (ECF No. 32), construed to be a motion for leave to

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amend the complaint, is DENIED as unnecessary, since the court has already granted plaintiff

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leave to amend his complaint.

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DATED: October 9, 2014

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