Alvarez v. State of California et al

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/25/15 ORDERING that Plaintiff's request for an extension of time (ECF No. 17 ) is denied as unnecessary. Plaintiff's amended complaint (ECF No. 16 ) is disregarded. Plaintiff shall file an amended (and legible) complaint within 30 days from the date this order is served. Failure to so comply may result in a recommendation of dismissal.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO ALVAREZ,

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No. 2:14-cv-1181-KJM-EFB P

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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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. He has filed an amended complaint, along with a request for a 120-day extension

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of time.

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Plaintiff timely filed an amended complaint in accordance with the court’s May 7, 2015

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and June 10, 2015 orders. ECF Nos. 9, 15, 16. No other court-imposed deadlines were pending

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when plaintiff requested an extension of time. As there is no deadline to extend, plaintiff’s

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request for an extension of time is denied as unnecessary. However, the court is unable to read

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pages four through ten of the amended complaint, as the ink on those pages is so light that the

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allegations therein cannot be read. Because a substantial portion of the complaint is illegible, the

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court is unable to discern the precise basis for plaintiff’s claim(s). The court (and defendant)

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should be able to read and understand plaintiff’s pleading within minutes. See McHenry v.

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Renne, 84 F.3d 1172, 1177 (9th Cir. 1996). Accordingly, the amended complaint is disregarded,

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and plaintiff will be ordered to submit an amended complaint that can be easily read.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for an extension of time (ECF No. 17) is denied as unnecessary.

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2. Plaintiff’s amended complaint (ECF No. 16) is disregarded.

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3. Plaintiff shall file an amended (and legible) complaint within 30 days from the date

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this order is served. Failure to so comply may result in a recommendation of

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dismissal.

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DATED: August 25, 2015.

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